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Displaying 47 Finding Aids
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
- Writs of commission
Series Number
- J0014
Summary
- This series consists of writs of commission, issued under seal of the Supreme Court of Judicature, directed to commissioners appointed to take depositions under oath from witnesses residing in other states or countries. The return to the writ consists of the answers of the witness, transcribed by the commissioners and certified by them. Attached to the writ and the return are the interrogatories, and occasionally cross-interrogatories, submitted by attorney for parties to the action.
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of capias ad respondendum
Series Number
- J0028
Summary
- This series consists of writs of capias ad respondendum (cap. ad resp.), which were orders to a sheriff to arrest and take into custody a defendant for appearance in court to answer the plaintiff's declaration. The writ states the name of defendant, the court term when he was required to appear, the name of the plaintiff, the type of action, and the names of the justice, clerk, and 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
- Card index to Supreme Court and Court of Chancery documents on parchment
Series Number
- JN120
Summary
- This card index provides access to documents (mostly on parchment, some on paper) filed by clerks of the Supreme Court of Judicature and Court of Chancery.
Creator
- New York County (N.Y.). Clerk's Office. Division of Old Records
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of replevin
Series Number
- J0030
Summary
- This series consists of writs of replevin, which were obtained by a plaintiff to recover physical possession of moveable goods unlawfully taken by the defendant. The writ was addressed to the sheriff of the county where the goods lay. It states the names of the parties to the action, describes the goods taken, and commands the sheriff to deliver them over to the plaintiff and to arrest and take into custody the defendant for appearance 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
- 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
- Book of entries of writs sealed
Series Number
- A0178
Summary
- This volume contains entries of writs sealed by and issued out of the Supreme Court of Judicature of the Province of New York. Each entry gives the names of parties to the cause, the type of writ, the form of action under common law, and the name of the attorney to whom the writ was issued. Every type of writ is included. Writs of capias ad respondendum, fieri facias, and capias ad satisfaciendum are the most common.
Creator
- New York (State). Supreme Court of Judicature
Access Restrictions
- Restricted due to severe burn damage.Use under supervision of archivist.
Title
- Writs of habeas corpus
Series Number
- JN550
Summary
- The writ of habeas corpus ("you have the body") ordered a lower court or public officer to bring a defendant into the jurisdiction of the Supreme Court of Judicature. This small collection of writs of habeas corpus includes one colonial example; the others are from the early national period. Almost all the writs in this series were directed to the Court of Common Pleas for the City and County of New York (known as the Mayor's Court, since that official or his designee presided).
Creator
- New York (State). Supreme Court of Judicature (New York)
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
- Supreme Court of Judicature (New York) registers of writs sealed and issued
Series Number
- JN545
Summary
- Registers contain lists of writs sealed and issued by the clerk of the Supreme Court of Judicature at New York City. Each entry in a register includes the date of issuance, names of plaintiff and defendant, and type of writ. County is mentioned if a writ was directed to a sheriff outside of New York City and County. Most of the entries are for writs of capias ad respondendum, capias ad satisfaciendum, and fieri facias, but many other types of writs are represented.
Creator
- New York (State). Supreme Court of Judicature (New York)
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
- Lists of freeholders qualified to serve as jurors
Series Number
- J4011
Summary
- This fragmentary series consists of lists of freeholders qualified to serve as jurors in the trial of issues in the Supreme Court of Judicature, as returned by sheriffs or county clerks. Each list gives the names of freeholders, their places of abode, and their "additions" (occupations or ranks). Most of the lists were compiled and returned for the empanelling of struck juries.
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 commission
Series Number
- JN548
Summary
- This series contains writs of commission, court orders to obtain written testimony for a proceeding in the Supreme Court of Judicature. The writ appointed commissioners to depose a witness residing out of state or out of country. Accompanying the writ are interrogatories (questions to the witness) and, occasionally, the witness's deposition (answer to the questions).
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- Use and reproduction of fragile documents may be restricted.
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 certiorari, error, habeas corpus, and mandamus
Series Number
- J1025
Summary
- This series consist of returns to writs of certiorari, mandamus and error, and bills of exceptions filed in Albany.
Creator
- New York (State). Supreme Court of Judicature (Albany)
Access Restrictions
- There are no restrictions regarding access to or use of the 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.
New York State Supreme Court of Judicature (Geneva) Common Rule Books for Returns of Writs of Capias
Title
- Common rule books for returns of writs of capias
Series Number
- J1167
Summary
- The rules in this series were entered on motion by the plaintiff's attorney. Defendants not required to file special bail endorsed the writ, whereupon the court rule entered the defendant's (fictitious) appearance. Other rules direct the sheriff to re-arrest a defendant who had not put in special bail within twenty days as required. Each entry gives the title of the cause, the rule, the sheriff's fee, and the name of 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
- Writs of procedendo
Series Number
- JN552
Summary
- Writs of procedendo are orders from the Supreme Court of Judicature directing the sheriff of New York City and County to deliver a defendant in a proceeding before the Court of Common Pleas for the City and County of New York (known as the Mayor's Court) into the jurisdiction of the Supreme Court. The writ transferred the defendant and the case to the latter court. A writ of procedendo was issued after a previous writ of habeos corpus had been issued and disregarded.
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Precipes and original writs
Series Number
- J0168
Summary
- This series consists of original writs which ordered a sheriff to summon or attach a defendant to appear in court. In the early nineteenth century, the original writ was used primarily in actions where the defendant was a fictitious person, i.e. a corporation, which could not be arrested on a writ of capias. All the documents in this series concern promissory notes given by banks; the plaintiff is the creditor or his assignee.
Creator
- New York (State). Supreme Court of Judicature
Access Restrictions
- There are no restrictions regarding access to or use of this material.
Title
- Writs of certiorari, error, and habeas corpus
Series Number
- JN591
Summary
- This series contains writs of error and related documents; writs of habeas corpus; and a single writ of certiorari. All of the writs of error were directed to the Court of Common Pleas for the City and County of New York. Several of the writs of habeas corpus concerned custody of minors. Two writs of habeas corpus post date the reorganization of the Supreme Court in 1847. A few of the writs include the return to the writ (the response of the lower court).
Creator
- New York (State). Supreme Court of Judicature (New York)
Access Restrictions
- There are no restrictions regarding access to or use of this material.