New York State Supreme Court of Judicature (Utica) Writs of Scire Facias J1031

New York State Supreme Court of Judicature (Utica) Writs of Scire Facias

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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 scire facias, which are orders under seal of the Supreme Court of Judicature commanding a sheriff to summon a defendant (or his heirs or assigns) to appear in court and show cause why execution of a judgment against him should not be levied from his property. The writ of scire facias was often employed when a defendant died before satisfying a judgment.

Creator:

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

Title:

Writs of scire facias

Quantity:

0.5 cubic feet

Inclusive Dates:

1843-1845

Series Number:

J1031

Arrangement

Chronological by date of filing.

Scope and Content Note

Writs of scire facias are orders under seal of the Supreme Court of Judicature commanding a sheriff to summon a defendant (or his heirs or assigns) to appear in court and show cause why execution of a judgment against him should not be levied from his property. The writ states the date and amount of the judgment.

The writ of scire facias was often employed when a defendant died before satisfying a judgment. In such cases the writ states that the defendant was deceased, but does not give the date of death. Each writ bears on its dorso the title of the cause, the name of the plaintiff's attorney, and the date of filing. Appended or attached is the sheriff's return stating that the writ was executed by being served or not served. Proceedings by writ of scire facias were governed by legislation of 1829.