New York State Supreme Court of Judicature (Geneva) Writs of Capias ad Respondendum J0028

New York State Supreme Court of Judicature (Geneva) Writs of Capias ad Respondendum

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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 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)

Title:

Writs of capias ad respondendum

Quantity:

9.9 cubic feet

23 boxes

Inclusive Dates:

1829-1847

Series Number:

J0028

Arrangement

Pre-1837 records: chronological by court term, then by defendant's county of residence.

1837-1847 records: roughly alphabetical by name of plaintiff's attorney.

Scope and Content Note

A writ of capias ad respondendum (cap. ad resp.) was an order to the 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. On the dorso of the writ is the sheriff's certificate of service (cepi corpus, "I seized the body") or non-service (non est inventus, "he is not found"), and the amount of bail, if any. When bail was not required, there is an endorsement by the defendant agreeing to appear in court. A few scattered writs of execution (fieri facias or capias ad satisfaciendum) are found in the early years of this series. Similar writs filed at the other offices of the Supreme Court are lost.