Hyperlawhypertext legal database People v. Lucas 58 N.Y. St. Rep. 390

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People v. Lucas

58 N.Y. St. Rep. 390 Court N.Y.C.P. Decision date 1894-04-02 English

Delivered by Daly, C. J.

Contents

Majority

p. 390
The People, Pl’ff, v. George Lucas et al., Def’ts.
(New York Common Pleas, General Term,
Filed April 2, 1894.)

Headnote

Recognizance—Vacation.
Where, on motion to vacate judgment entered on forfeited recognizance, the certificate of the district attorney evidently refers to a different case, the application will be denied with leave to renew upon proper proofs.
Motion to vacate judgment entered on a forfeited recognizance.
J. B. Fellows, for pl’ffi; F. P. Traulman, for deft.

The certificate of the district attorney evidently refers to a different case from that described in the certificate of the special sessions where the prisoner was sentenced to imprisonment and not to pay a fine. Application denied with leave to renew upon proper proofs.

All concur.