Research


New York State Supreme Court of Judicature (New York) Writs of Habeas Corpus

Held by the New York State Archives


Overview of the Records

Repository:

New York State Archives

New York State Education Department

Cultural Education Center

Albany, NY 12230

Summary:
The writ of habeas corpus ("you have the body") ordered a lower court or public officer to bring a defendant into the jurisdiction of the Supreme Court of Judicature. This small collection of writs of habeas corpus includes one colonial example; the others are from the early national period. Almost all the writs in this series were directed to the Court of Common Pleas for the City and County of New York (known as the Mayor's Court, since that official or his designee presided).
Creator:
Title:
Quantity:
0.8 cubic feet
Inclusive Dates:
1766-1816
Series Number:
JN550

Arrangement

Chronological by year.

Administrative History

The writ of habeas corpus ("you have the body") ordered a lower court or public officer to bring a defendant into the jurisdiction of the Supreme Court of Judicature. The writ was issued to transfer a defendant and a case from a lower court, with proceedings commencing anew in the Supreme Court; to inquire into the cause of detention of an individual; and for other purposes.

Scope and Content Note

Almost all the writs of habeas corpus in this series were directed to the Court of Common Pleas for the City and County of New York (known as the Mayor's Court, since that official or his designee presided). The writ required that an imprisoned debtor be delivered to the Supreme Court of Judicature, and the writ transferred the case in which the debtor was the defendant to that court's jurisdiction. One writ issued during the War of 1812 was directed to the keeper of the New York City jail. It ordered him to produce defendants charged with treason, and to state the cause of their detention. A Supreme Court justice freed the defendants.

Use of Records

Access Restrictions

There are no restrictions regarding access to or use of this material.

Related Information

Related Materials

Series JN519 New York State Supreme Court of Judicature Judgment Rolls and Other Documents on Parchment

Series JN522 New York State Supreme Court of Judicature (New York) Pleadings and Other Civil and Criminal Court Documents

Series J0029 New York State Supreme Court of Judicature (Utica) Writs of Habeas Corpus

Series J1029 New York State Supreme Court of Judicature (Albany) Writs of Habeas Corpus

Series J1025 New York State Supreme Court of Judicature (Albany) Writs of Certiorari, Error, Habeas Corpus, and Mandamus

Series JN522 New York State Supreme Court of Judicature (New York) Writs of Procedendo.

Custodial History

Collection was assembled from several locations in the New York County Clerk's Office by staff of the Unified Court System.

Acquistion Information

These records were transferred by the New York State Unified Court System, Office of Court Administration in 2017.

Access Terms

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Detailed Description

Contents Box

Accretion: JN550-17
1766-1799 1
1800-1816 2