
    NEW YORK COMMON PLEAS — GENERAL TERM,
    OCTOBER, 1893.
    People v. Samuels & Cohen.
    Motion to vacate and discharge a judgment entered upon a forfeited recognizance.
    
      De Lancey Nicoll, for people.
    
      M. B. & A. M. Maclay, for petitioners.
   Daly, Ch. J.

I think .that the application should be granted. This was a surety for the appearance of a prisoner during examination. After default the prisoner was indicted by the grand jury and afterwards discharged, together with his bail in the indictment. It would seem unnecessary, therefore, to enforce the recognizance for his original examination.

Bisohoee and Pryor, JJ., concur.

Motion granted.  