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Displaying 16 Finding Aids
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
- 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
- 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
- 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
- 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
- Supreme Court of Judicature summaries of testimony given in circuit courts and courts of oyer and terminer
Series Number
- J3011
Summary
- This fragmentary series consists of summaries of testimony and proceedings in the Circuit Courts and Courts of Oyer and Terminer. At the head of each document are the names of the courts, the venue, the date, and the names of the presiding justices. Following are entries for each case (civil or criminal) heard by the justices.
Creator
- New York (State). Supreme Court of Judicature
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
- Pleas and demurrers
Series Number
- J1012
Summary
- This series contains defendants' pleas, plaintiffs' replications, defendants' rejoinders, plaintiffs' surrejoinders, and defendants' rebutters; in short, the series of allegations by the parties to an action at common law, made by them alternately, which resulted in definition of an issue to be tried. Most of the documents are simple pleas, in which the defendant's attorney objects to the facts set forth in the plaintiff's declaration.
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
- 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
- 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
- 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
- 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
- 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.