New York State Supreme Court of Judicature (New York) Index to Returns of Writs and Executions J0210

New York State Supreme Court of Judicature (New York) Index to Returns of Writs and Executions

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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 indexes to writs returned by sheriffs and other court officers to the clerks of the Supreme Court at New York City. Indexes to writs returned to the Supreme Court provide date of return, name of attorney, names of plaintiff and defendant, type of writ, and hour returned.

Creator:

New York (State). Supreme Court of Judicature (New York)

Title:

Supreme Court of Judicature (New York) index to returns of writs and executions

Quantity:

4 cubic feet

Quantity:

7 volume(s)

Quantity:

4 35mm microfilm roll(s)

Inclusive Dates:

1814-1858

Bulk Dates:

1814-1817, 1826-1858

Series Number:

J0210

Arrangement

Volumes 1-3: by attorney's name, then chronological by return date.

Volumes 4-7: alphabetical by first letter of plaintiff's last name, then chronological by return date.

Scope and Content Note

Indexes to writs returned to the Supreme Court provide date of return, name of attorney, names of plaintiff and defendant, type of writ, and hour returned.

This series consists of indexes to writs returned by sheriffs and other court officers to the clerks of the Supreme Court at New York City. The first three volumes (1814-1817, 1826-1835) contain entries giving name of attorney, date of return of the writ, names of plaintiff and defendant, and type of writ and how returned. The writs indexed are mostly writs of capias ad respondendum (cap. or caps.), to which the return is "defendant taken" (cepi corpus), "not found" (non est), or "writ served"; fieri facias (fi. fa.), to which the return is "no goods" (nulla bona) or "satisfied;" and capias ad satisfaciendum (ca. sa.) to which the return is "not found" (non est) or "in custody." There are also occasional entries for writs of summons (including original writs), replevin, scire facias, and attachment. Some of the entries state that the writs were countermanded, by rule of the court on motion of the opposing party.

The entries in the last four volumes (1836-1853, 1856-1858) give date of return, names of plaintiff and defendant, and the return made (names of attorneys and types of writs are not given). No writs of capias ad respondendum are included, but until 1847 writs of summons for corporations are entered. Most of the entries are for writs of execution (fieri facias and capias ad satisfaciendum), and after 1847 the format of the volumes does not change. The entries in the volume for 1847-1853 may be returns of executions for judgments signed prior to the judicial reorganization of 1847. However, those in the volume for 1856-1858 are almost certainly returns of executions for the clerk of the new Supreme Court for the city and county of New York.