Legal Opinion

People v. . Bennett

New York Court of Appeals

Decided January 17, 1893PublishedCited by 28 opinions

Appeal from order of the G-eneral Term, of the Court of Common Pleas for the city and county of blew York, made June 30, 1892, which denied a motion by thé appellant for an order remitting a forfeiture of an undertaking in the above-entitled action, and canceling and setting aside a judgment entered thereon.

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Appeal from order of the G-eneral Term, of the Court of Common Pleas for the city and county of blew York, made June 30, 1892, which denied a motion by thé appellant for an order remitting a forfeiture of an undertaking in the above-entitled action, and canceling and setting aside a judgment entered thereon. This was an action upon a recognizance given as bail for the appearance of defendant, Gus Johnson, who was charged with and held to answer for the crime of grand larceny. The facts, so far as material, are stated in the opinion. There was no forfeiture of the recognizance before the…

1Opinion of the CourtMaynard, J.

Under the provisions of the Criminal Code (§§ 593-595) and of the New York City Consolidation Act (§ 1480) judgment was summarily entered against the appellant 37athan I. Bennett, April 1, 1892, in the Clerk’s office- of the county of New York, upon his forfeited recognizance in the General Sessions as bail for the defendant Gus Johnson in an indictment for grand larceny.

The indictment was found March eighth, and on March nineteenth the appellant was notified that his principal must be produced for trial on the twenty-first; on which day he was duly called and failed to appear and the…

2Cases cited1 opinion

  1. Walker & Hubbard v. CommonwealthCourt of Appeals of Kentucky · 1881

3Cited by28 opinions

  1. People v. SchonfeldNew York Court of Appeals · 1989
  2. People v. NicholasNew York Court of Appeals · 2001
  3. People v. CohenAppellate Division of the Supreme Court of the State of New York · 1930
  4. International Fidelity Insurance v. City of New YorkDistrict Court, E.D. New York · 2003
  5. People v. . ParisiNew York Court of Appeals · 1916

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