People v. Kelly — 58 N.Y. St. Rep. 377

Majority

p. 377

The People, Pl’ff, v. James Kelly et al., Def’ts.

(New York Common Pleas, General Term,

Filed April 2, 1894.)

Headnote

Recognizance—Vacation.

Where the original papers, on motion to vacate forfeited recognizance, were mislaid, general term may direct proof of the facts to he taken before the court at special term and presented to the next general term.

Motion to vacate judgment entered on a forfeited recognizance. J. R. Fellows, for pl’ff; A. J. Hochstadter, for def’ts.

The communication from the Society for the Prevention of Cruelty to Children shows that there is some inaccuracy

p. 378

in the statement as to the. prosecution of James Kelly and the alleged withdrawal of the charge by the society. As the original papers are said to be mislaid, proofs of the facts alleged may be ■ taken before the court at special term and presented to the next general term. The certificates of the court of sessions must be produced.

All concur.