Special term minute books

Chronological by court term and daily session.

These two volumes contain minutes of special rules entered during the special terms of the Supreme Court held at Rochester each October between 1841 and 1846, pursuant to a law of 1841. (Previously the October term had been held at Albany.)

Each entry gives the names of the parties and of the attorney making the motion for the rule, and the ruling of the court on the motion. Most of the rules were given to enter the default of a sheriff for failure to return a writ, and sometimes to order an attachment against him; to award a judgment to a plaintiff on default of the defendant, or on a frivolous demurrer; to award or deny a new trial; to affirm or reverse the judgment of a lower court; or to issue a writ of error or mandamus. There are also occasional rules to set aside the report of a referee; to order a defendant to plead to a writ of scire facias (by which he was ordered to show cause why a judgment should not be satisfied); and to order a partition of lands or admeasurement of dower. The minute books also contain a few rules appointing examiners of candidates for admission as attorneys (but no list of attorneys admitted); general court rules (nos. 103, 104, adopted November 7, 1845); and other miscellaneous rules.

Series J0125, Motions and notices of joinder in demurrer, contains related records.

The Court of Appeals placed these records on deposit at the Historical Documents Collection, Queens College, from 1973-1982.

There are no restrictions regarding access to or use of the material.