Orders of circuit judges on motions for new trials or for commissions
Some content may contain outdated and offensive terminology. See: New York State Archives Statement on Language in Descriptive Resources
Overview of the Records
New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230
0.4 cubic feet
1 box
Scope and Content Note
This series consists mostly of orders of circuit judges granting or denying motions for new trials after hearing arguments on bills of exceptions (in which a defendant alleged error in earlier proceedings). There are also a few orders granting motions that a commission issue to persons out of state to take testimony from material witnesses in a cause.
Each order bears the title of the cause, the date and substance of the decision, and the signature of the judge. Some decisions are accompained by affidavits of motions for a commission. Very few decisions cite statutes or cases. The orders of the circuit judges were filed by the clerks of the Supreme Court of Judicature. The general duties and powers of circuit judges were stated in legislation of 1829. Their responsibilities were stated to be the same as those of a justice of the Supreme Court in chambers.
Related Material
Series J0128, General Term Minute Books (Utica), contains rules for new trials.
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 the material.