People v. Schwarze
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff and judgment creditor, The People of the State of New York, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 19th day of January, 1915, reducing the forfeiture and judgment herein, and also from an order of said court entered in said clerk’s office on the 2d day of February, 1915, denying a motion to resettle the prior order.
1Per curiam
The defendant gave an undertaking in bail and his principal defaulted within a few days. The defendant was not proceeded against until 1909, when judgment was entered upon his default in an action brought against him. Upon application to the County Court the judgment was reduced from $300 to $150, which was paid forthwith. The People appeal.
The defendant never produced the accused, and did not show that discharge of liability would result in destitution in his family, deprivation of their support and education and deprivation of his creditors. (People v. Heit, 152 App. Div. 179. See, also,…
2Cases cited3 opinions
- People v. HeitAppellate Division of the Supreme Court of the State of New York · 1912
- In re PellegrinoAppellate Division of the Supreme Court of the State of New York · 1912
- Matter of PellegrinoNew York Court of Appeals · 1913
3Cited by6 opinions
- People v. FiannacaNew York Court of Appeals · 1954
- People v. LicenziataAppellate Division of the Supreme Court of the State of New York · 1930
- People v. Di MeoAppellate Division of the Supreme Court of the State of New York · 1917
- People v. PhelanAppellate Division of the Supreme Court of the State of New York · 1926
- People v. FiannacaAppellate Division of the Supreme Court of the State of New York · 1953
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