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Displaying 18 Finding Aids
Title
- Index to insolvency papers
Series Number
- B2437
Summary
- This series consists of records indexing Series J0156, New York State Supreme Court of Judicature (Utica) Insolvency Papers. They consist of datasheets that contain box and folder information, name of insolvent, county, city or town, occupation (if apparent), and date of filing. Copies of these datasheets are interfiled in series J0156, at the beginning of each insolvent's filing.
Creator
- New York State Archives and Records Administration
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 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
- Affidavits of justification of special bail
Series Number
- J3026
Summary
- This series consists of affidavits of defendants' bail. Each affidavit states that the bail is worth a specified sum of money after payment of the defendant's outstanding debts (the amount was required to be double the amount of debt or damages claimed by the plaintiff in the writ of capias ad respondendum).
Creator
- New York (State). Supreme Court of Judicature (Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Insolvency papers
Series Number
- J0154
Summary
- This series consists of insolvency papers filed in Albany Supreme Court concerning the assignment and/or sale of debtor's property. Records include petitions of debtors and creditors requesting attachment or sale of property; creditor affidavits stating that they received no payment for petitioning for sale; debts owed to creditors; orders for assignment of property to trustees for sale; and documents discharging the debtor from further liability.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of the material.
Title
- Estrayed New York City Court records
Series Number
- J7000
Summary
- This series consists mostly of records generated by New York City courts during the 19th Century including the Mayor's Court; Court of Common Pleas; Superior Court; Justice Courts and Police Court. Records include depositions, petitions of imprisoned debtors for release, insolvent assignments, summonses, complaints, judgment rolls, affidavits, writs of fieri facias and payments. Also included are vouchers and payroll records that were audited by the New York City Department of Finance. Records are closed pending arrangement.
Creator
- New York (State). Court of Appeals
Access Restrictions
- Closed pending arrangement.
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
- 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
- Orders for appointment of guardian or next friend
Series Number
- J5026
Summary
- This series consists of petitions to a Supreme Court justice, commissioner, or judge of a court of common pleas for appointment of a guardian for an infant-defendant, or a next friend (prochein ami) for an infant-plaintiff (a minor could not appear 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
- 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
- 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
- Cognovits
Series Number
- J0004
Summary
- The relicta et cognovit is the defendant's confession that he is liable for the debt or other damages alleged in the plaintiff's declaration, plus any costs and charges arising out of the action. The document gives the names of the parties and their attorneys and the amount of damages claimed. It is signed by the 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
- Supreme Court of Judicature (New York) insolvency papers
Series Number
- J2000
Summary
- This series includes documents relating to the assignment and sale of property of insolvent debtors who petitioned for relief, or the attachment and sale of property of "absconding, concealed, or non-resident debtors" in response to the petition of creditors. Most of the petitions were directed to the Recorder of the City of New York. Other petitions were directed to a justice of the Supreme Court of Judicature. Documents include petitions of debtors and their creditors requesting sale of property; affidavits of creditors; accounts of debts owed to creditors; orders for assignment of property to trustees for sale; and documents discharging the debtors from further liability. Most of the files related to debtors residing in New York City. Some files relate to debtors elsewhere in the state.
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- Most of the documents are fragile; use and copying may be restricted.
Title
- Miscellaneous filed documents
Series Number
- J0012
Summary
- This series consists of miscellaneous documents which did not fall into any other series and were filed together by the court clerk. They include draft rules, orders for exoneration of bail and surrender of defendants, recognizances of bail, consents to change attorneys, petitions and orders for appointment of guardians, testimony taken conditionally, oyers of bonds sued upon, a few records of cases remitted, appointments of clerks, replications and rejoinders, and other miscellaneous documents.
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 referees
Series Number
- J0006
Summary
- This series consists of reports of referees who were appointed by rule of the court to report the amount of damages (if any) due to a plaintiff in an action which involved complex money accounts. Each report gives the title of the cause, the amount of damages awarded, the signatures of the three referees, and the date of the award.
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 arrest and execution
Series Number
- J0013
Summary
- This series consists mostly of two types of writs of execution: writs of fieri facias command a sheriff to levy the amount of a judgment from the moveable or real property of 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 (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Supreme Court of Judicature (Geneva) declarations
Series Number
- J0017
Summary
- This series contains plaintiff's 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 the following parts: caption; venue; commencement; statement of cause of action; and conclusion.
Creator
- New York (State). Supreme Court of Judicature (Geneva)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Supreme Court of Judicature (Utica) insolvency papers
Series Number
- J0156
Summary
- Insolvency papers include documents relating to the assignment and sale of property of insolvent debtors who petitioned for relief (voluntary assignment), or the attachment and sale of property of "absconding, concealed, or non-resident debtors" (involuntary assignment). Content of files varies depending on the type of assignment, but most files include petitions, accounts, inventories, affidavits, certificates, and orders.
Creator
- New York (State). Supreme Court of Judicature (Utica)
Access Restrictions
- There are no restrictions regarding access to or use of the material.