People v. Perlstein — 28 N.Y. St. Rep. 171

Majority

p. 171

The People, Pl’ffs, v. Elias H. Perlstein et al., Def’ts.

(New York Common Pleas, General Term,

Filed December 2, 1889.)

Headnote

■Recognizance—Forfeiture—When vacated.

Where the defendant was ill and confined to the house on the day of trial and afterwards died, the judgment entered on the forfeited recognizance will be vacated.

p. 172

Motion to vacate judgment on forfeited recognizancé.

Samuel J. Crooh, for motion; J. JR. Fellows, district attorney, opposed.

The prisoner was accused of selling and disposing of goods on a Sunday, and held to bail in the sum of $100, and required to appear for trial on December 28, 1888. On that day he was ill and confined to the house, and died on January 30, 1889. The judgment subsequently entered on May 16, 1889, on the forfeited recognizance, should be vacated.

Larremore, Ch. J., Daly and Van Hoesen, JJ., concur.