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New York State Supreme Court of Judicature (Albany) Copies of Pleadings Furnished to Circuit Courts


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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:
This series contains records of the pleas, issue, trial, and verdict in civil causes in Circuit Courts. Each record has the following parts: the placita, which gives names of the parties; the memorandum, which gives the name of the court, the term, the names of plaintiff and defendant, and the plaintiff's initial declaration; the subsequent pleadings by both defendant and plaintiff; the imparlance; the award of jury process in Circuit Court; and the continuances.
Creator:
Title:
Copies of pleadings furnished to circuit courts
Quantity:

47.7 cubic feet

116 boxes

Inclusive Dates:
1797-1847
Series Number:
J0022

Arrangement

Rough alphabetic by name of losing party.

Scope and Content Note

Records documenting civil causes provide name of court; term; names of plaintiff and defendant; plaintiff's initial declaration and subsequent pleadings of plaintiff and defendant; names of the judge, attorneys, jurors, and witnesses; and the jury's verdict and its award of damages and costs.

This series contains records of the pleas, issue, trial, and verdict in civil causes in Circuit Courts. Prior to 1830 the series consists of what were called nisi prius records. Each record has the following parts: the placita, which gives the name of the court, the court term, the names of the presiding justices and the clerk, and the names of the attorney representing the parties to the action; the memorandum, which starts with the phrase "Be it remembered..." and gives the name of the court, the term, the names of plaintiff and defendant, and the plaintiff's initial declaration; the subsequent pleadings by both defendant and plaintiff; the imparlance, or allowance to the defendant of time to plead; the award of jury process in Circuit Court (issuance of writ of venire facias juratores); and the continuances, or postponements, if any in the cause. The postea, a summary of the trial proceedings in Circuit Court, is subscribed or attached at the end of the record, or enclosed as a separate document. The nisi prius record bears on the dorso the name of the court, names of the parties and plaintiff's attorney, and the time and place for return of record.

It is signed by a clerk of the Supreme Court. Often accompanying the nisi prius record is the writ of venire facias juratores, an order to the sheriff of the county where the Circuit Court is to be held, commanding him to empanel a trial jury. On the dorso of the writ are written the name of the court, names of the parties and plaintiff's attorney, and return by the sheriff. (Writs of venire to the sheriff of Montgomery and perhaps other counties sometimes have attached to them printed lists of jurors, giving occupations and residences.) Also found with the nisi prius record is a certified copy of the minutes of the trial in Circuit Court, giving the names of the judge, the parties to the action, their attorneys, the jurors, and any witnesses; the jury's verdict; and its award of damages and cost, if any were made. The document is signed by the clerk of the court. A law of 1786 provided that a transcript of the record of a cause, with an award of jury process, should be sent under seal of the Supreme Court of Judicature to the justice holding Circuit Court in the county where the issue was to be tried. A law of 1796 required the court clerk to deliver the nisi prius record and a certified copy of the trial minutes to the attorney for the winning party. The attorney, not the clerk as formerly, was to draw up the postea. The provisions concerning the nisi prius record were repeated in legislation of 1813. Legislation of 1829

made important changes in the name and content of the record submitted to the justice holding a Circuit Court. The record was now called a "circuit roll," and it omits the award of jury process "nisi prius", substituting a simple statement that the issue is ordered to be tried in Circuit Court. The seal and the nisi prius clause formerly found in the writ are henceforth to be omitted. The writ of venire facias juratores was declared to be no longer necessary. Between 1830 and 1840 the series therefore consists of a circuit roll with postea and a certified copy of the minutes of the trial. A law of 1840 abolished the circuit roll and postea, and required instead that a copy of the pleadings be furnished to the Circuit Court holding trial. After the trial the pleadings and a certified copy of the minutes were returned to the clerk of the Supreme Court. However, documents called "circuit rolls" are still found occasionally after 1840.

Other Finding Aids

Available at Repository

Container list is available at the repository.

Custodial History

The Court of Appeals placed these records on deposit at the Historic Documents Collection, Queens College, from 1973-1982.

Access Restrictions

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

Access Terms

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Detailed Description

Dates Contents Box

Accretion: J0022-82
1798-1809 Copies of pleadings furnished to Circuit Courts Letters A-Z 1
1809 Copies of pleadings furnished to Circuit Courts Letters A-Z 2
1809 Copies of pleadings furnished to Circuit Courts Letters A-Z 3
1809 Copies of pleadings furnished to Circuit Courts Letters A-Z 4
1809 Copies of pleadings furnished to Circuit Courts Letters A-Z 5
1810 Copies of pleadings furnished to Circuit Courts Letters A-Z 6
1810 Copies of pleadings furnished to Circuit Courts Letters A-Z 7
1810 Copies of pleadings furnished to Circuit Courts Letters A-Z 8
1810 Copies of pleadings furnished to Circuit Courts Letters A-Z 9
1810 Copies of pleadings furnished to Circuit Courts Letters A-Z 10
1811 Copies of pleadings furnished to Circuit Courts Letters A-Z 11
1811 Copies of pleadings furnished to Circuit Courts Letters A-Z 12
1811 Copies of pleadings furnished to Circuit Courts Letters A-Z 13
1811 Copies of pleadings furnished to Circuit Courts Letters A-Z 14
1812 Copies of pleadings furnished to Circuit Courts Letters A-Z 15
1812 Copies of pleadings furnished to Circuit Courts Letters A-Z 16
1812 Copies of pleadings furnished to Circuit Courts Letters A-Z 17
1812 Copies of pleadings furnished to Circuit Courts Letters A-Z 18
1813 Copies of pleadings furnished to Circuit Courts Letters A-Z 19
1813 Copies of pleadings furnished to Circuit Courts Letters A-Z 20
1813 Copies of pleadings furnished to Circuit Courts Letters A-Z 21
1814 Copies of pleadings furnished to Circuit Courts Letters A-Z 22
1814 Copies of pleadings furnished to Circuit Courts Letters A-Z 23
1815 Copies of pleadings furnished to Circuit Courts Letters A-Z 24
1815 Copies of pleadings furnished to Circuit Courts Letters A-Z 25
1815 Copies of pleadings furnished to Circuit Courts Letters A-Z 26
1816 Copies of pleadings furnished to Circuit Courts Letters A-Z 27
1816 Copies of pleadings furnished to Circuit Courts Letters A-Z 28
1816 Copies of pleadings furnished to Circuit Courts Letters A-Z 29
1817 Copies of pleadings furnished to Circuit Courts Letters A-Z 30
1817 Copies of pleadings furnished to Circuit Courts Letters A-Z 31
1817 Copies of pleadings furnished to Circuit Courts Letters A-Z 32
1817 Copies of pleadings furnished to Circuit Courts Letters A-Z 33
1818 Copies of pleadings furnished to Circuit Courts Letters A-Z 34
1818 Copies of pleadings furnished to Circuit Courts Letters A-Z 35
1818 Copies of pleadings furnished to Circuit Courts Letters A-Z 36
1818 Copies of pleadings furnished to Circuit Courts Letters A-Z 37
1819 Letters A-B 38
1819 Letters C-F 39
1819 Letters G-H 40
1819 Letters L-P 41
1819 Letters R-S 42
1819 Letters T-Z 43
1820 Letters A-C 44
1820 Letters C 45
1820 Letters G-H 46
1820 Letters J-M 47
1820 Letters N-S 48
1820 Letters S-Y 49
1821 Letters A-D 50
1821 Letters E-L 51
1821 Letters M-W 52
1822 Letters A-Z 53
1822 Letters A-Z 54
1822 Letters A-Z 55
1823 Letters A-G 56
1823 Letters I-Y 57
1824 Letters A-H 58
1824 Letters I-P 59
1824 Letters R-S 60
1824 Letters T-Y 61
1825 Letters A-Z 62
1825 Letters A-Z 63
1825 Letters A-Z 64
1826 Letters A-C 65
1826 Letters D-Z 66
1826 Letters D-Z 67
1827 Letters A-Z 68
1827 Letters A-Z 69
1827 Letters A-Z 70
1828 Letters A-Z 71
1828 Letters A-Z 72
1828 Letters A-Z 73
1829 Letters A-Z 74
1829 Letters A-Z 75
1829 Letters A-Z 76
1829 Letters A-Z 77
1829 Letters A-Z 78
1832 Letters A-K 79
1832 Letters L-Z 80
1833 Letters G-M 81
1834 Letters A-E 82
1834 Letters F-P 83
1834 Letters R-Z 84
1835 Letters A-F 85
1835 Letters G-O 86
1835 Letters P-Z 87
1836 Letters A-G 88
1836 Letters H-R 89
1836 Letters S-Y 90
1837 Letters A-C 91
1837 Letters D-H 92
1837 Letters I-R 93
1837 Letters S-Z 94
1838 Letters A-Z 95
1838 Letters D-G 96
1838 Letters H-M 97
1838 Letters A-Z 98
1838 Letters A-Z 99
1839 Letters A-D 100
1839 Letters E-L 101
1839 Letters S-Y 102
1840 Letters I-R 103
1840 Letters T-Y 104
1840 Letters W-Y 105
1841 Letters A-M 106
1841 Letters N-Y 107
1842 Letters A-L 108
1842 Letters M-Z 109
1843 Letters A-L 110
1843 Letters M-Z 111
1844 Letters A-L 112
1844 No Letters Listed 113
1845 No Letters Listed 114
1846 Letters A-Y 115
1847 Letters A-Y 116