New York State Supreme Court of Judicature (Utica) Writs of Scire Facias

Chronological by date of filing.

Writs of scire facias are orders under seal of the Supreme Court of Judicature commanding a sheriff to summon a defendant (or his heirs or assigns) to appear in court and show cause why execution of a judgment against him should not be levied from his property. The writ states the date and amount of the judgment.

The writ of scire facias was often employed when a defendant died before satisfying a judgment. In such cases the writ states that the defendant was deceased, but does not give the date of death. Each writ bears on its dorso the title of the cause, the name of the plaintiff's attorney, and the date of filing. Appended or attached is the sheriff's return stating that the writ was executed by being served or not served. Proceedings by writ of scire facias were governed by legislation of 1829.

Originally filed with series J0031, New York State Supreme Court of Judicature (Utica) Writs of Error, Box 24.

The Court of Appeals placed these records on deposit at the Historical Documents Collection, Queens College, from 1973-1982.

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