People v. Flynn
Appellate Court of Illinois
Memorandum.—Scire facias on forfeited recognizance. Error to the Circuit Court of Mercer County; the Hon. Arthur A. Smith, Judge, presiding. Heard in this court at the December term, 1893.
1Opinion of the CourtJustice Lacey
This was a motion in the court below to set aside a forfeiture of a recognizance which had been taken in a criminal cause against Benj. Flynn, one of the defendants in error. The motion was made at a term of court subsequent to the one at which the forfeiture was taken, and the motive was based on certain affidavits filed on behalf of Benj. Flynn. The main grounds of the motions were set up in the affidavits of defendant in error Benj. Flynn and his father, John Flynn.
Section 310, Chap. 38, Hurd’s B. S., under which this motion was made, reads as follows :
Before judgment the court may, in its…
2Cases cited2 opinions
- Wray v. PeopleIllinois Supreme Court · 1873
- Hangsleben v. PeopleIllinois Supreme Court · 1878