Majority
p. 170The People, Pl’ffs, v. James Brady and Oscar J. Mayer, Def’ts. (New York Common Pleas, General Term, Filed December 2, 1889.)
Headnote
Recognizance—Foefeitube—Judgment, when vacated.Where the surety endeavored to procure the attendance of his principal, and the latter after forfeiture of the recognizance appeared and was tried, convicted and paid a fine, the judgment entered on the forfeited recognizance will he discharged.
Motion to discharge judgment entered upon forfeited recognisance.
Townsend, Dyett & Einstein, for motion; J. R. Fellows, dist. atty., opposed.
The prisoner,Brady, was accusedof keeping open on Sunday a place duly licensed for the sale of spirituous liquors, No. 342 First avenue. He was admitted to bail in the sum of $100 and required to appear for trial on the 5th day of December, 1888. The surety made effort to secure his attendance on that day but was unsuccessful, and the bond was forfeited. On the 28th May, 1889, the prisoner appeared before the court, was tried, convicted and sentenced to pay a fine, which he did pay.
The application to discharge the judgment and the forfeited recognizance should be granted.
Larremore, Oh. J., Daly and Van Hoesen, JJ., concur.