New York State Supreme Court of Judicature (Geneva) Writs of Replevin J0030

New York State Supreme Court of Judicature (Geneva) Writs of Replevin

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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 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)

Title:

Writs of replevin

Quantity:

0.8 cubic feet

1 box

Inclusive Dates:

1838-1847

Series Number:

J0030

Arrangement

Chronological by year.

Scope and Content Note

The writ of replevin was obtained by a plaintiff from the Supreme Court 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. Subscribed or attached to the writ is the affidavit of the plaintiff that the property described has not been seized for any tax or fine, or for execution of a judgement or an attachment. The manner of execution of the writ is stated by the sheriff on the dorso. Accompanying the writ and affidavit is the bond of the plaintiff and two sureties made out to the sheriff, promising to pay the judgement if it be awarded to the defendant. A few files contain the inquisition of a jury as to the value of the goods to be replevied. Upon return of the writ of replevin, the case proceeded in the same manner as any other civil action.