Hyperlawhypertext legal database People v. Lavery 34 N.Y. St. Rep. 297

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People v. Lavery

34 N.Y. St. Rep. 297 Court General Term, Decision date 1890-12-01 English

Delivered by Bischoff, J.

Contents

Majority

p. 297
The People, Pl’ffs, v. Daniel Lavery, Surety, and Thomas Hayden, Principal, Def’ts.
(New York Common Pleas,
General Term,
Filed December 1, 1890.)

Headnote

Bail—Recognizance—Bastardy.
It is doubtful whether there is any authority for the remission of the forfeiture of an undertaking given in bastardy proceedings.
Motion to vacate judgment entered on forfeiture of recognizance.
J. A. O' Gorman, for motion; L. Sleekier, opposed..

Application for remission of a forfeited recognizance and to vacate judgment entered thereon.

Counsel do not refer to any provision of law authorizing the remission of the forfeiture of an undertaking given in bastardy proceedings, and such authority seems doubtful. The matter should be set down for a hearing and the petitioner have an opportunity of presenting any suggestion he may desire to make.

Daly, Oh, J. and Pbyoe, J., concur.