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Title

Post-1847 documents relating to cases in the Supreme Court of Judicature and Court of Chancery

Series Number

J1002

Summary

This series consists mostly of writs of fieri facias (executions) issued out of the Supreme Court of Judicature and returned to the Court of Appeals. Also include are satisfaction pieces; orders to transfer Chancery case papers to the Supreme Court clerk in a particular county, a few orders and miscellaneous documents.

Creator

• New York (State). Supreme Court of Judicature

Access Restrictions

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

Title

Supreme Court of Judicature (New York) registers of returns of writs

Series Number

JN599

Summary

Registers in this series contain lists of writs returned to the clerk of the Supreme Court of Judicature at New York City. Each register entry includes the date or court term when the writ was returned, names of plaintiff and defendant, type of writ, and a summary of the sheriff's or other court officer's action in response to the writ. Most writs were returned by the sheriff of New York City and County, but some were returned from other counties.

Creator

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

Access Restrictions

Use and reproduction of records may be restricted due to fragile condition. State Archives staff will review condition of requested documents before granting access.

Title

Miscellaneous writs

Series Number

JN595

Summary

This small series contains one example each of a writ of covenant, writ of habere facias possessionem, and writ of proclamation. There is also a folder of unidentified writs.

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Supreme Court of Judicature (New York) sheriff's writs and other historical documents

Series Number

JN999

Summary

This series contains writs, other court documents, and miscellaneous non-government documents. Among the writs are capias ad respondendum (order to arrest a civil defendant); capias ad satisfaciendum, fieri facias, and scire facias (orders to execute a civil judgment); and venire facias juratores (order to summon jurors). Documents were filed by the clerk of the Supreme Court of Judicature, except for those from 1825-1826 which were filed in the Court of Common Pleas for the City and County of New York. Also in the collection are mortgages given by Daniel D. Tompkins and his wife Hannah, 1807, 1815; and a printed broadside address by Daniel Webster at Saratoga Spring, Aug. 19, 1840.

Creator

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

Title

Writs of possession

Series Number

J4026

Summary

This series consists of writs of possession (habere facias possessionem), issued under seal of the Supreme Court of Judicature, commanding a sheriff to give possession of a parcel of land to the person who was entitled to it after having won an action of ejectment in the Supreme Court of Judicature.

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 venire facias juratores

Series Number

JN554

Summary

This series contains writs summoning jurors for trials at which a justice of the Supreme Court of Judicature presided. The writ of venire facias juratores commands the sheriff to summon individuals qualified to serve as jurors in the trial of a particular case. Almost all the writs were returned to the court by the sheriff of New York County. A very small number of the earliest writs are for trials in other counties. Starting in spring 1823, all the writs are for jury trials in the Circuit Court sitting in New York City and County. A few writs have an attached panel of jurors stating their names, residences, and sometimes occupations.

Creator

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

Access Restrictions

Use and reproduction of fragile documents may be restricted.

Title

Records of supersedeas

Series Number

B0047

Summary

This series records the discharge of appointed civil officials named by the governor and the Council of Appointment. Information includes discharged official's name, position, appointment date, discharge date, governor authorizing the discharge and the name of the secretary of state or his deputy. Types of officials include surrogates, clerks of the courts, justices, commissioners of excise, commissioners of deeds, district attorneys and commissioner of deeds in other states.

Creator

• New York (State). Department of State

Access Restrictions

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

Title

Writs of habeas corpus

Series Number

J1029

Summary

This series consists of writs of habeas corpus and returns thereto filed apparently in Supreme Court Clerk's office in Albany. Almost all the writs concern defendants imprisoned under civil process. A few writs concern defendants in criminal cases.

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 fieri facias and writs of attachment

Series Number

JN391

Summary

This series consists of writs of fieri facias, ordering a sheriff to sell a defendant's property in order to pay money owed to a complainant; writs of attachment, ordering a sheriff to arrest a defendant who was in contempt of court; and related documents.

Creator

• New York (State). Court of Chancery

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

Writs of scire facias

Series Number

JN553

Summary

This series consists of writs of scire facias. These writs were issued by the Supreme Court of Judicature to compel a judgment debtor or his heirs to satisfy the judgment against him.

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 certiorari

Series Number

JN547

Summary

This small series consists of writs of certiorari. Writs were directed to the Court of Common Pleas (Mayor's Court) in New York City and County and in several other counties in eastern New York. Most of the writs have attached to them the return of proceedings in the Court of Common Pleas.

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

New Netherland Council writs of appeal

Series Number

A1877

Summary

This series consists of writs of appeal, in Dutch, from judgments made by the courts of New Amsterdam, Oostdurp (Westchester), Heemsteede, New Amstel, Wiltwyck (in the Esopus), Flushing (on Long Island), and Fort Orange. Writs of appeal were granted by the Council of the Colony of New York in response to petitions, usually submitted by one party in a civil action. The records in this series also include summonses and writs of mandamus.

Creator

• New Netherland. Council

Access Restrictions

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

Title

Precipes and writs of summons

Series Number

J1026

Summary

This series consists of original writs (often called writs of summons) issued under seal of the Supreme Court, ordering a sheriff to summon a defendant to appear in court on a given day. Many of the actions involve promissory notes given by banking corporations, but there are also cases involving railroads, churches, schools, and manufacturing and insurance companies.

Creator

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

Access Restrictions

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

Title

Registers of returns of writs of execution

Series Number

J1153

Summary

These registers contain entries of returns of writs of execution by sheriffs in counties served by the Albany office of the Supreme Court. The returns are mostly writs of fieri facias (fi. fa.) and capias ad satisfaciendum (ca. sa.), but there are a few for writs of habere facere possessionem and scire facias.

Creator

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

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.

Title

Writs of inquiry and inquisitions

Series Number

J0027

Summary

This series consists of writs of inquiry, which were orders of the Supreme Court of Judicature under seal, commanding a sheriff to empanel a jury to determine the exact damages sustained by the plaintiff who had obtained an interlocutory judgment.

Creator

• New York (State). Supreme Court of Judicature (Albany, Utica, and Geneva)

Access Restrictions

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

Title

Writs of error

Series Number

J0031

Summary

Files in this series usually include the writ of error ordering the lower court to return records of the case to the Supreme Court; the lower court's return or answer; and the defendant's bill of exceptions stating the objections to the lower court proceedings. Defendants obtained writs of error to have a cause, previously judged in an inferior court, removed to the Supreme Court for review.

Creator

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

Access Restrictions

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

Title

Registers of returns of writs

Series Number

J0153

Summary

These registers contain entries of writs issued by the court and returned by sheriffs. The returns are for writs of capias ad respondendum, by which defendants were arrested and held for appearance in court; writs of habeas corpus, by which defendants, witnesses, or other persons were arrested for the same purpose; and the various writs of execution issued subsequent to a final 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 dower

Series Number

J5013

Summary

This series consists of writs of dower, issued under seal of the Supreme Court, which ordered a sheriff to command the tenant of real estate to render unto the widow of its previous owner the one third dower right due to her, and to summon him to appear before the court if he refused to do so.

Creator

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

Access Restrictions

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