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Displaying 208 Finding Aids
Title
- Defendant index to Chancery enrolled decrees, filed parchments and papers before 1800
Series Number
- J1065
Summary
- This index contains names of defendants in Chancery cases that have case documents in series J0065, Enrolled decrees, filed parchments and papers before 1800. The index consists of cards, each containing the name of defendant and a cross reference to the name of the complainant and the alphanumeric file code for the case document or documents in series J0065.
Creator
- Queens College (New York, N.Y.). Historical Documents Collection
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Supreme Court of Judicature (Utica) notices of appointment of agents
Series Number
- J0149
Summary
- The documents in this series are brief notices of appointment of local agents by attorneys to act for them in all matters in the Supreme Court of Judicature. On the dorso of each one are found the names of the attorney and his local agent and the filing date. Appointment of legal agents was authorized by rules of the court first adopted in January Term 1799, and August Term 1809.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Orders of circuit judges on motions for new trials or for commissions
Series Number
- J0175
Summary
- This series consists mostly of orders of circuit judges granting or denying motions for new trials after hearing arguments on bills of exceptions. Also included are a few orders granting motions to take testimony from out of state material witnesses. Each order lists title of the cause, date and substance of the decision, and the judges' signature. Some decisions are accompanied by affidavits of motions for a commission.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Register's notes of cases heard by Chancellor Walworth
Series Number
- J1082
Summary
- This series consists of notes made, presumably, by the register of the Court of Chancery, of cases heard by Chancellor Reuben H. Walworth. Entries include the title of the case, the name of the solicitor for the petitioner, claimant, or appellant and the outcome of the case.
Creator
- New York (State). Court of Chancery
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Minutes of return of writs by sheriffs
Series Number
- J3130
Summary
- This volume contains minutes of the return of writs by sheriffs (or by coroners, in cases of attachments against sheriffs), with notes of motions and orders for proper execution of writs which had been returned only partially executed. The most frequent entries are for writs of capias ad respondendum (abbreviated "capias"), fieri facias ("fi.fa."), and capias ad satisfaciendum ("ca.sa.").
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Bonds of guardians, committees and receivers
Series Number
- J6061
Summary
- This series consists of bonds for the performance of duties executed by guardians, committees, and receivers. A law of 1815 required a court appointed guardian to give bond to the infant-trustee. The bond was to be filed with the court. In practice such bonds were also required from committees for lunatics and habitual drunkards, receivers of property of insolvent corporations, and administrators of estates.
Creator
- New York (State). Court of Chancery
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Clerk's register of guardians, committees, and receivers
Series Number
- J1054
Summary
- This series is a listing of information on cases in which a guardian, committee, or receiver was appointed by the Vice Chancellor in the Third Circuit.
Creator
- New York (State). Court of Chancery
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Criminal case documents
Series Number
- J2011
Summary
- This series consists of documents filed in criminal cases heard and decided by the justices of the Supreme Court of Judicature in their capacity as judges of the Court of Oyer and Terminer in Albany County. Documents include writs of venire facias juratores, commanding the sheriff to empanel a jury; bills of indictment by the grand jury; recognizances of bail for the appearance of defendants and witnesses; records of conviction; and a few other documents of uncertain origin.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- New York State Supreme Court of Judicature (Utica) common rule books
Series Number
- J2165
Summary
- Common rule books contain a record of common rules or orders of the court, entered by the clerk on motion made by an attorney for one of the parties to a cause. Motions for common rules were granted as a matter of course during a court term or in vacation between terms.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of commission
Series Number
- J0014
Summary
- This series consists of writs of commission, issued under seal of the Supreme Court of Judicature, directed to commissioners appointed to take depositions under oath from witnesses residing in other states or countries. The return to the writ consists of the answers of the witness, transcribed by the commissioners and certified by them. Attached to the writ and the return are the interrogatories, and occasionally cross-interrogatories, submitted by attorney for parties to the action.
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of capias ad respondendum
Series Number
- J0028
Summary
- This series consists of writs of capias ad respondendum (cap. ad resp.), which were orders to a sheriff to arrest and take into custody a defendant for appearance in court to answer the plaintiff's declaration. The writ states the name of defendant, the court term when he was required to appear, the name of the plaintiff, the type of action, and the names of the justice, clerk, and plaintiff's attorney.
Creator
- New York (State). Supreme Court of Judicature (Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Testimony taken conditionally
Series Number
- J0151
Summary
- These records contain testimony that was taken conditionally (de bene esse) from a material witness who was a transient or a non-resident or who was unable to testify at a trial because of illness. In such instances a party to an action applied for an order allowing a deposition to be taken. The affidavit specifies the nature of the action, the plaintiff's demand, the name and address of the witness, and the reason he cannot appear at the trial.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Supreme Court of Judicature (Albany) briefs, draft rules, and motions
Series Number
- J7011
Summary
- This series consists of briefs, draft rules, affidavits and notices of motions, certificates of clerkships, and other documents bundled together by court term. Included are a few rules for attachment of property of sheriffs who had failed to put in bail for defendants; orders for holding circuit courts; opinions; and petitions for appointment of Supreme Court Commissioners. The series also includes a few affidavits of war service and property by Revolutionary War veterans intending to apply for pensions.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of arrest and execution
Series Number
- J0024
Summary
- This series consists of writs of execution issued by the Supreme Court of Judicature, the majority of which conform to two types: the writ of fieri facias is a writ of execution commanding a sheriff to levy the amount of judgment from the moveable or real property of a judgment debtor; the writ of capias ad satisfaciendum is a writ of execution commanding a sheriff to take custody of a losing party and hold him for appearance in court to satisfy a judgment.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of replevin
Series Number
- J0030
Summary
- This series consists of writs of replevin, which were obtained by a plaintiff to recover physical possession of moveable goods unlawfully taken by the defendant. The writ was addressed to the sheriff of the county where the goods lay. It states the names of the parties to the action, describes the goods taken, and commands the sheriff to deliver them over to the plaintiff and to arrest and take into custody the defendant for appearance in court.
Creator
- New York (State). Supreme Court of Judicature (Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of execution
Series Number
- J0025
Summary
- This series consists mostly of two types of writs of execution: writs of fieri facias command a sheriff to levy the amount of judgment from the judgment debtor; writs of capias ad satisfaciendum command a sheriff to arrest a losing party for a court appearance. The series also includes various other writs.
Creator
- New York (State). Supreme Court of Judicature (Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Reports of commissioners to partition lands
Series Number
- J0019
Summary
- This series consists of documents relating to the partition of lands held by joint tenants or tenants in common. Each file contains some or all of the following documents: petition to Supreme Court seeking a rule appointing commissioners to partition lands held jointly or in common; affidavit of publication of notice of petition in cases where the identity or residence of some or all of the tenants was unknown; report of commissioners; and court rule appointing the commissioners.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Notices of appointments of agents
Series Number
- J0150
Summary
- The documents in this series are brief notices of appointment of local agents by attorneys to act for them in all matters in the Supreme Court of Judicature. On the dorso of each one are found the names of the attorney and his local agent and the filing date. Appointment of legal agents was authorized by rules of the court first adopted in January Term 1799, and August Term 1809. The series also contains incoming correspondence, primarily concerning agents.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Committiturs and orders for exoneration of bail
Series Number
- J0144
Summary
- This series contains documents pertaining to the surrender of a defendant and exoneration of his bail from liability for damages and costs awarded in a judgment. Bail might choose to render over their principal (i.e. the defendant) either before or after judgment, but it had to be done before return of writ of capias ad satisfaciendum, which commanded a sheriff to arrest and imprison a judgment debtor until the judgment was satisfied.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Annual statements of accounts of Register, Assistant Register, and Clerks
Series Number
- J0076
Summary
- This series consists of annual financial statements made by the Register, Assistant Register, and Clerks of the Chancery Circuits pursuant to the 127th rule of the court. These statements were submitted to an Injunction or Taxing Master who was required to audit them, certify to their accuracy, and file them with the Chancellor or the appropriate Vice Chancellor. Each statement contains a listing by suit or matter of funds in possession of the court.
Creator
- New York (State). Court of Chancery. Chancery Fund
Access Restrictions
- There are no restrictions regarding access to or use of this material.