Hyperlawhypertext legal database People v. Tietjen 9 N.Y.S. 285

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People v. Tietjen

9 N.Y.S. 285 Court N.Y.C.P. Decision date 1890-02-03 English

Contents

Majority

p. 285
People v. Tietjen et al.
(Common Pleas of New York City and County, General Term.
February 3, 1890.)

Headnote

Bail—Judgment on Forfeited Recognizance—Vacation.
A judgment on a forfeited recognizance will be vacated where the principal, after default, appears, and is acquitted.
An application to vacate judgment entered on forfeited recognizance.
Argued before Larremore, C. J., and Bookstaver and Bisohoff, JJ.
Thornton, Earle & Kiendl, for applicants. John R. Fellows, Dist. Atty., for the People.

The judgment on the forfeited recognizance should be vacated and canceled, as it appears from the papers submitted, the people lost no rights by Tietzen’s first failure to appear, and that he did subsequently appear, and was tried, and found not guilty of the misdemeanor charged.