New York State Supreme Court of Judicature Precipes and Original Writs J0168

New York State Supreme Court of Judicature Precipes and Original Writs

Some content may contain outdated and offensive terminology. See: New York State Archives Statement on Language in Descriptive Resources

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 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

Title:

Precipes and original writs

Quantity:

0.8 cubic feet

2 boxes

Inclusive Dates:

1815-1825

Series Number:

J0168

Scope and Content Note

Original writs issued under seal of the Supreme Court ordered a sheriff to summon or attach a defendant to appear in court. The plaintiff's demand is set forth in the writ in the same detail as is found in his declaration. On the dorso of the writ is the sheriff's certificate that he has summoned or attached the defendant. 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. In civil actions of debt, covenant, replevin, etc. the original writ was a summons. In the quasi-criminal actions of trespass, case, etc. it was a writ of attachment. Use of the writ of attachment (except for contempt of court) was abolished by a law of 1817, and henceforth only the original writ of summons was employed. Examples of both types of writ (summons and attachment) are found in this series. There are also a few precipes, or plaintiff's instructions to a clerk of the Supreme Court to make out an original writ if sufficient surety be given for its prosecution. All the documents in this series concern promissory notes given by banks; the plaintiff is the creditor or his assignee. The following banks are represented: Manhattan Company, City Bank of New York, Ontario Bank, Bank of Chenango, and Mechanics' Bank in the City of New York.

Custodial History

The Court of Appeals placed these records on deposit at the Historic Documents Collection, Queens College, from 1973-1982. It is uncertain whether these records were filed at Albany or Utica.