Research

Scope and Content Note

This series consists of notes of issue, notices of argument, and additional correspondence received by the Clerk of the Court for the Trial of Impeachments and Correction of Errors (known as the "Court of Errors"). A note of issue was a document, containing basic details regarding a given case, drafted by counsel for a plaintiff or appellant and submitted to the Clerk of the Court of Errors in order to have the case entered on the court calendar. A notice of argument was a document, drafted by counsel for either party and sent to counsel for the opposing party (with a copy to the court clerk), announcing the date on which arguments would be heard before the Court of Errors.

Additional correspondence includes cover letters submitting writs of error and requesting that these be signed, sealed, and allowed by the court; requests that documents such as writs of error and answers to petitions of appeal be filed by the court clerk; requests for copies of remittiturs and for certification that specific legal documents were on file; and cover letters submitting fees due the court.

A dissatisfied party in a case of law tried in Supreme Court could appeal the decision to the Court of Errors by obtaining a writ of error from the Court of Chancery. This writ commanded the Supreme Court to prepare a record or transcript of the original case containing a summary of the pleadings, proofs, and judgement. Known as a return, this document was attached to the writ of error and delivered to the Clerk of the Court of Errors. A remittitur was the court's transmittal of a case back to the trial court for retrial or for a new order consistent with the ruling of the Court of Errors.