Majority
p. 412The People, Pl’ffs, v. Louis Baer and Jacob Goldstein, Def’ts. (New York Common Pleas, General Term, Filed December 2, 1889.)
Headnote
Recognizance—Robfeittjbe—Vacation of.Where the prisoner was present hut did not answer, as he did not hear-his name called, and he is afterwards produced and convicted, the judgment entered on the forfeited recognizance will be vacated.
Motion to vacate judgment entered on forfeited recognizance.
Adolph Cohen, for motion; J. B. Fellows, district attorney, opposed.
The prisoner was guilty of cruelty to a horse and was to appear for trial on October 14, 1886, at the court of special sessions. The surety and the petitioner were present but failed to answer, the excuse being that they did not hear their names called. The recognizance was thereupon forfeited. On December 2, 1886, the prisoner was produced by the surety for trial at the special sessions and was convicted of the ofíense and adjudged to pay a fine of five dollars, which was paid.
It does not appear that the people lost any rights by their default. The application should therefore he granted.
Larremore, Oh. J., Daly and Yan Hoesen, JJ., concur.