People v. Byrne

41 N.Y. St. Rep. 954 Court N.Y.C.P. Decision date 1891-12-07 English

Delivered by Bischoff, J.

Contents

Majority

p. 954

The People v. Jas. Byrne, Principal, and Patrick Cunningham, Surety.

Headnote

Application to vacate a judgment entered upon a forfeited recognizance.

L. Hanneman, for pl’ff; Jacob Lerlinger, for dei’ts.

From the certificate of the corporation attorney accompanying the moving papers, it appears that the judgment entered upon the forfeiture was paid. The motion to vacate and discharge the judgment should, therefore, be granted.

Daly, Ch. J., and Pryor, J., concur.