People v. Devlin
New York Court of Common Pleas
Application at general term for an order to expunge dockets of judgments entered upon forfeited recognizances. The applicant, Devlin, received notice to produce one-William M. Tweed, a prisoner, at a court of Oyer and Terminer or to show cause why the recognizances in these five cases-should not be estreated (he being the bondsman). He appeared and showed cause why he did not produce the prisoner.
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Application at general term for an order to expunge dockets of judgments entered upon forfeited recognizances. The applicant, Devlin, received notice to produce one-William M. Tweed, a prisoner, at a court of Oyer and Terminer or to show cause why the recognizances in these five cases-should not be estreated (he being the bondsman). He appeared and showed cause why he did not produce the prisoner. An order was made to estreat in each-case, but simultaneously a certiorari was granted by the Supreme-Court, the same judge who had held the Oyer and Terminer [Donohue, J.] granting it. The orders…
1Opinion of the Court
Charles P. Daly, Chief Justice.
Prior to 1844, the judgment upon a forfeited recognizance was entered up, and was a judgment of the court where the forfeiture was ordered. But, by the 8th section of the 4th article of the *49act of May 7th, 1844, for the regulation of the police of this city, it was provided, that recognizances on being forfeited should be filed by the district attorney, together with. a certified copy of the order of the court, forfeiting the same, in the office of the clerk of the city and county of New York; and that thereupon the clerk should docket the same in the book kept…
2Cases cited2 opinions
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- Conover's CaseNew York Supreme Court · 1857
3Cited by1 opinion
- People v. LevyNew York Supreme Court · 1915