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3 Misc. 223

People v. Kelly

New York Court of Common Pleas

Decided April 15, 1893

New York Court of Common Pleas · decided 1893-04-15

<p>An application to be relieved from the forfeiture of a recognizance will not be granted unless it appears that the expense of recapture of the principal, and ijhe costs of the proceedings to enforce the forfeiture, have been paid.</p>

Decided 1893-04-15

Bischoff, J.

¶1This application is denied because it does not appear that the expense of recapture of the principal, and the costs of the proceedings to enfore the forfeiture, have been paid. People, etc., v. Lacher, 11 N. Y. Supp. 711. It may, however, be renewed upon proof cf the facts omitted.

¶2Pbyob and Giegeeich, JJ., concur.

¶3Motion denied.

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