Majority
p. 180The People, Pl’ffs v. Valentine Ketterly and Henry Goltze, Def’ts. (New York Common Pleas, General Term, Filed December 2, 1889.)
Headnote
Recognizance—Motion to recover money paid on forfeited.A. motion to require the comptroller to refund moneys paid to satisfy a judgment on a forfeited recognizance should be made on proof of service of notice on the district attorney; certificate of the deposit and a certified copy of the order discharging the recognizance.
Motion to require the return of moneys paid on a forfeited recognizance.
Ashbel P. Fitch, for motion; J. R. Fellows, dist. atty., opposed.
This is an application to require the comptroller to refund to the surety the sum of $300 paid by him to the dis
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trict attorney in satisfaction of the judgment on a forfeited recognizance against such surety and one Valentine Xetterly on proof that on June 3, 1889, an order was made by the general term of this court discharging and cancelling the said judgment.
Proof of service of the notice upon the district attorney must be produced; also certificate of the comptroller or chamberlain as to deposit with him, and certified copy of the order discharging the recognizance, and application may be renewed on such papers.
Application denied, with leave to renew.
Larremore, Ch. J., Daly and Van Hoesen, JJ., concur.