Finding Aid Search

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

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

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

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

New York State Supreme Court of Judicature (Albany) common rule books

Series Number

J1165

Summary

This series consists of common rule books, which 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. The rules include orders to plead, orders for judgment favoring the defendant or plaintiff, orders regarding a defendant's appearance in court, orders to a sheriff to arrest a defendant, and other orders.

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 (Albany) calendars of enumerated motions

Series Number

J0241

Summary

This series consists of calendars of enumerated motions argued before the Supreme Court of Judicature in the general terms. These calendars list motions made to arrest judgment; those arising when a point or problem was referred to a justice for decision; those arising on a demurrer, on a bill of exceptions, or on various writs; and those made to set aside a verdict.

Creator

• New York (State). Supreme Court of Judicature (Albany)

Access Restrictions

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

Title

General and special term minute books

Series Number

J0130

Summary

Minute books for 1797-1800 contain grand jury proceedings and minutes of trials and sentencing. The series also contains 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 (Albany)

Access Restrictions

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

Title

Motions and notices of joinder in demurrer

Series Number

J0125

Summary

Most of the documents in this series are notices of joinder in demurrer, in which the plaintiff states that the demurrer will be opposed and the court moved for judgment on the ground that the defendant's demurrer is frivolous. There are also a few special motions for appointment of commissioners to admeasure dower, for stay of proceedings, for issuance of writs of certiorari or mandamus, and other actions. Earlier Geneva motion papers appear to have been lost.

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) 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

Special term minute books

Series Number

J0129

Summary

This series consists of minutes of special rules entered during the special terms of the Supreme Court held at Rochester each October between 1841 and 1846. Information includes names of the parties and of the attorney making the motion for the rule, and the ruling of the court on the motion. The minute books also contain rules appointing examiners of candidates for admission as attorneys; general court rules; and miscellaneous rules.

Creator

• New York (State). Supreme Court of Judicature (Geneva)

Access Restrictions

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

Title

Orders of circuit judges on motions for new trials

Series Number

J8026

Summary

This series consists mostly of orders of Circuit Judges granting or denying motions for new trails after hearing arguments on a bill of exceptions in which a defendant alleged error in earlier proceedings. There are also a few orders granting judgment as in the case of non-suit, giving additional time to plead, setting aside a default, etc. The powers of circuit judges were specified in legislation of 1829.

Creator

• New York (State). Supreme Court of Judicature (Geneva)

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

Calendars of enumerated motions

Series Number

J2241

Summary

This series consists of calendars of enumerated motions argued before the Supreme Court of Judicature in special terms held at Rochester. Enumerated motions were those made to arrest judgment; those arising on a "case" reserved at trial in Circuit Court or agreed upon without trial; those arising on a special verdict; those arising on a demurrer, writ of error, or bill of exceptions; 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 (Geneva)

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

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

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

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

Declarations and motions before 1830

Series Number

J0010

Summary

This fragmentary series contains declarations, writs of inquiry and inquisitions, motion papers of all kinds, cognovits, stipulations, exceptions, demurrers, and other miscellaneous 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

Court of Appeals register of motions

Series Number

J0224

Creator

• New York (State). Court of Appeals

Access Restrictions

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