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Displaying 120 Finding Aids
Title
- Registers of returns of writs of execution
Series Number
- J1153
Summary
- These registers contain entries of returns of writs of execution by sheriffs in counties served by the Albany office of the Supreme Court. The returns are mostly writs of fieri facias (fi. fa.) and capias ad satisfaciendum (ca. sa.), but there are a few for writs of habere facere possessionem and scire facias.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Affidavits of justification of special bail
Series Number
- J1098
Summary
- This series consists of affidavits of special bail for defendants. Each affidavit states that the special bail is worth double the amount demanded by the plaintiff in the writ of capias ad respondendum, after payment of all his debts, and that he is a freeholder or housekeeper in the county where the defendant resides.
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 inquiry and inquisitions
Series Number
- J0027
Summary
- This series consists of writs of inquiry, which were orders of the Supreme Court of Judicature under seal, commanding a sheriff to empanel a jury to determine the exact damages sustained by the plaintiff who had obtained an interlocutory judgment.
Creator
- New York (State). Supreme Court of Judicature (Albany, Utica, and Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Bonds of plaintiffs and appellants
Series Number
- J0152
Summary
- This series consists of obligations binding a plaintiff (in cases heard by the Supreme Court of Judicature) or an appellant (in appealed cases heard by the Supreme Court or the Court of Errors) and his surety for payment of costs and damages if the decision of the court goes against him. An appellant in Supreme Court or the Court of Errors was required by legislation of 1829 to give bond. There are few bonds dating before 1823.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Supreme Court of Judicature (Geneva) copies of pleadings furnished to circuit courts
Series Number
- J0146
Summary
- This series contains records of the pleas, issue, trial, and verdict in civil causes in Circuit Courts. Records documenting civil causes provide name of court; term; names of plaintiff and defendant; names of the judge, attorneys, jurors, and witnesses; and the jury's verdict and its award of damages and costs.
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 error
Series Number
- J0031
Summary
- Files in this series usually include the writ of error ordering the lower court to return records of the case to the Supreme Court; the lower court's return or answer; and the defendant's bill of exceptions stating the objections to the lower court proceedings. Defendants obtained writs of error to have a cause, previously judged in an inferior court, removed to the Supreme Court for review.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Registers of returns of writs
Series Number
- J0153
Summary
- These registers contain entries of writs issued by the court and returned by sheriffs. The returns are for writs of capias ad respondendum, by which defendants were arrested and held for appearance in court; writs of habeas corpus, by which defendants, witnesses, or other persons were arrested for the same purpose; and the various writs of execution issued subsequent to a final 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
- Fines and chirographs
Series Number
- J1011
Summary
- Records of court agreements settling legal actions concerning conveyance of real property include writs of convenant, licenses to agree, concords, the note of the fine summarizing the writ of covenant and the concord, and the foot of the fine conveying the property. Other documents in the series include warrants of attorney, writs of dedimus potestatem, and affidavits of newspaper publication.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Common rule books
Series Number
- JN520
Summary
- Common rule books contain a record of common rules (or orders) entered by the clerk upon motion by the attorney for the plaintiff or defendant. Rules prior to July 1, 1847, were entered by the clerk of the Supreme Court of Judicature in New York City. Starting July 1, 1847, rules were entered by the clerk of the city and county of New York. Each entry contains the case title, date of rule, and rule granted.
Creator
- New York County (N.Y.). Clerk's Office
Access Restrictions
- Use and reproduction of fragile documents may be restricted.
Title
- Writs of dower
Series Number
- J5013
Summary
- This series consists of writs of dower, issued under seal of the Supreme Court, which ordered a sheriff to command the tenant of real estate to render unto the widow of its previous owner the one third dower right due to her, and to summon him to appear before the court if he refused to do so.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Assignments of errors
Series Number
- J2026
Summary
- This series consists of assignments of errors made by plaintiffs in error in Supreme Court. The assignment of errors corresponds to the declaration in an original action. In it the plaintiff in error states the "manifest error" found in the record, proceedings, and judgment in a case heard and decided by a lower court, and asks that the higher court reverse and annul the judgment.
Creator
- New York (State). Supreme Court of Judicature (Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Committiturs and orders for exoneration of bail
Series Number
- J0143
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 (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Copies of pleadings furnished to Circuit Courts
Series Number
- J0023
Summary
- This series contains records of the pleas, issue, trial, and verdict in civil causes in Circuit Courts. Each record has the following parts: the placita, which gives the names of the parties; the memorandum; the subsequent pleadings by both defendant and plaintiff; the imparlance, or allowance to the defendant of time to plead; the award of jury process in Circuit Court; and the continuances, or postponements, if any in the cause.
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 (Utica) naturalization papers
Series Number
- J9013
Summary
- This series consists of documents relating to the naturalization of aliens by the Supreme Court of Judicature or by justices presiding at Circuit Courts. The documents, mostly from Oneida County, include the declaration of intention, in which an alien states his intention to renounce allegiance to a foreign state and to become a citizen of the United States; and the petition for naturalization, stating the country of origin and length of residence, and requesting to be admitted to citizenship.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Declarations
Series Number
- J0015
Summary
- This series contains plaintiffs' declarations, which were the initial pleadings in common law actions. The declaration was made out by the plaintiff's attorney after the defendant had been arrested by a writ of capias ad respondendum. The declaration contains caption (name of the court and the term in which the writ of capias was to be returned); venue; commencement (names of the plaintiff and defendant and of the plaintiff's attorney); and statement of cause of action.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Miscellaneous motions
Series Number
- J0001
Summary
- This series consists of fragments from other series originally filed in the Albany, Geneva, and perhaps Utica offices of the Supreme Court of Judicature. Most of the documents are motions, cognovits, writs of execution (usually fi. fa.), briefs, and affidavits of service of declarations. There are also a few returns to writs of certiorari, depositions de bene esse, returns to writs of commission, etc.
Creator
- New York (State). Supreme Court of Judicature (Albany and Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Special bail books
Series Number
- J2202
Summary
- These volumes are dockets of undertaking of bail. Each entry gives the names of defendant and plaintiff, names of the bail (sometimes with their residences and occupations or ranks), name of defendant's attorney, and date of filing. Usually one of the bail is a fictitious person, i.e., "John Doe" or "Richard Roe."
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
- J0170
Summary
- This series consists of writs of commission, directed to commissioners appointed by the writ, to take depositions from material witnesses residing in other states or countries. The return to the writ consists of the answers of the witness to interrogatories, transcribed and certified by the commissioners.
Creator
- New York (State). Supreme Court of Judicature (Albany and Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Miscellaneous motions
Series Number
- J1126
Summary
- This is a fragmentary series of "Motion Papers" arranged by attorney's name (1832: B-C and 1837: B, G only). Affidavits of motions state the grounds on which the court will be moved. There are motions for judgment as in case of non-suit; for change of venue; for taxation of a bill of costs; to set aside a judgment; to obtain writs of certiorari, error, and mandamus; and to refer a case to an outside party to determine amount of judgment.
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 (New York) index to returns of writs and executions
Series Number
- J0210
Summary
- This series consists of indexes to writs returned by sheriffs and other court officers to the clerks of the Supreme Court at New York City. Indexes to writs returned to the Supreme Court provide date of return, name of attorney, names of plaintiff and defendant, type of writ, and hour returned.
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- There are no restrictions regarding access to or use of this material.