People v. Cary
New York Court of Common Pleas
Application to discharge a judgment entered on a forfeited recognizance. The first application was denied, and the following opinion delivered on November 5th, 1875.
1Opinion of the CourtJoseph F. Daly, J.
The recognizance was forfeited on May 19, 1874; the prisoner was surrendered by his surety September 30, 1875 ; a nolle prosequi was entered on October 4, 1875. It should be conclusively shown that the failure to try the prisoner was not caused by the absence of witnesses, or by *407reason of any circumstance traceable to the lapse of time between the date of forfeiture of the recognizance and the date of surrender of the prisoner. The papers on this application do not show why the nolle prosequi was entered. It frequently ^happens that by forfeiting his bail and failing to appear for trial when…
2Cases cited2 opinions
- Champlain v. . the PeopleNew York Court of Appeals · 1848
- People v. ComanNew York Court of Common Pleas · 1875
3Cited by1 opinion
- People v. LevyNew York Supreme Court · 1915