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Displaying 32 Finding Aids
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
- 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
- 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
- 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
- Reports of commissioners to partition lands
Series Number
- J9913
Summary
- This series consists of documents relating to the partition of lands held by joint tenants or tenants in common. (Joint tenants were in possession of real property by the same title; tenants in common were in possession by distinct, different titles.) Records include petitions to appoint commissioners to partition lands, affidavits of publication of notice of petition, reports of commissioners, petitions and court rules for appointment of guardians for minor tenants, and guardians' pleas consenting to partition of lands.
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) general term minute books
Series Number
- J0128
Summary
- This series consists of minute books, which contain special rules or orders granted upon special motions, orders issued in real property proceedings, appointments of commissioners to screen candidates for attorney or counsellor in the Supreme Court, and general procedural rules.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Wills and petitions for probate
Series Number
- J1020
Summary
- This series contains original wills and documents relating to proof of the wills that were filed in the Utica office of the Supreme Court. Documents relating to proof include the petition for proof of will in Supreme Court; testimony or affidavits of witnesses attesting to the competency of the testator and the authenticity of his signature; notices to next of kin of proof of the will; and appointment of legal guardian for minor heirs.
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 attachment
Series Number
- J8013
Summary
- This series consists of writs of attachment, issued under seal of the Supreme Court of Judicature, ordering a sheriff or coroner to attach a person disobeying a court rule and to make him appear to answer for his contempt. Persons subject to attachment included judges, court clerks, attorneys, sheriffs, witnesses, jurors, and other public officers. The writ was most frequently issued after an incumbent or a former sheriff had failed to execute and return a writ of fieri facias.
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 scire facias
Series Number
- J1031
Summary
- This series consists of writs of scire facias, which 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 of scire facias was often employed when a defendant died before satisfying a 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
- Declarations
Series Number
- J0009
Summary
- These records documenting pleadings of plaintiffs and defendants in common law actions include declarations of plaintiffs, defendant's pleas, replications, rejoinders, surrejoinders, cognovits, demurrers, reports of referees, reports of damages awarded, and writs of inquiry. The 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.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Issue rolls and continuance rolls
Series Number
- J3013
Summary
- This series contains issue rolls, which contain all the same parts and information as judgment rolls up to and including the award of writ of venire facias juratores. (See finding aids for Series J0134, J0137, and J0140.) The issue roll was prepared only for important cases tried at the bar of the Supreme Court of Judicature. (A nisi prius roll was drawn up for causes tried on the circuit.)
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- New York State Supreme Court of Judicature (Utica) judgment rolls
Series Number
- J0134
Summary
- This series consists of judgment rolls which have been signed, filed, and docketed by the clerk of the Supreme Court. The judgment roll contains the record of pleadings and proceedings in a cause, prepared by the attorney for the party to whom the judgment has been awarded. Accompanying the judgment roll proper are copies of other documents filed in the cause, in what may be termed the judgment record.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Motions
Series Number
- J0126
Summary
- This series consists mostly of affidavits stating the grounds for a motion and sometimes summarizing proceedings in the cause, and attached notices informing the opposing party of the motion for a court rule. The series also includes other motions, petitions, draft rules, demurrers, notices of joinder in demurrer, and other documents.
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) declarations and motions
Series Number
- J1013
Summary
- This series consists mainly of declarations, or plaintiffs' initial pleadings; affidavits and admissions of service of these declarations; subsequent pleadings such as replications and rejoinders; demurrers; cognovits; writs of inquiry and inquisitions; and reports of damages as determined by clerks or referees. There are also some motions, including notices of motions and the affidavits stating the grounds on which the court was moved. The series also contains a few circuit rolls.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Satisfaction pieces
Series Number
- J0133
Summary
- This series consists of satisfaction pieces, which are an acknowledgment by a winning party that a judgment in his favor has been satisfied. The acknowledgment is signed by the winning party in a cause (or his attorney) and acknowledged before a judge or commissioner of deeds. The series includes a few powers of attorney and certificates of satisfaction by the clerk of the Supreme Court. The Utica satisfaction pieces for 1846-1847 are missing.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Special bail pieces
Series Number
- J0098
Summary
- The special bail piece is a memorandum filed with the court stating that the defendant has been delivered to bail. It gives the names of the defendant and plaintiff; the name, occupation or rank, and residence of the bail (two persons are named, but generally one is fictitious--"John Doe" or "Richard Roe"); and the type of common law action. There are few bail pieces after 1831 because of the liberalization of bail requirements by the Revised Statutes of 1829 and because bail pieces were now customarily included in the judgment rolls.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Calendars of enumerated motions
Series Number
- J1241
Summary
- This series consists of calendars of enumerated motions argued before the Supreme Court of Judicature. Enumerated motions were those made to arrest judgment; those arising on a "case" in Circuit Court or agreed upon without trial; those arising on a special verdict, a demurrer, a writ of error, a bill of exceptions, or a writ in the nature of a writ of error; and those made to set aside a verdict, an inquisition or report of damages, or a non-suit.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Motions denied
Series Number
- J2013
Summary
- This series consists of affidavits and notices of motions which were denied by the court. Each document bears on the dorso the letter 'D' or the word "Denied." Sometimes a clerk or justice added notes explaining why the motion should be denied. The series also contains a few declarations and other documents which were not filed because the clerk's fees were not paid.
Creator
- New York (State). Supreme Court of Judicature (Utica)
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.