New York State Supreme Court of Judicature (Utica) Miscellaneous Motions J1126

New York State Supreme Court of Judicature (Utica) Miscellaneous Motions

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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 is a fragmentary series of "Motion Papers" arranged by attorney's name (1832: B-C and 1837: B, G only). Affidavits of motions state the grounds on which the court will be moved. There are motions for judgment as in case of non-suit; for change of venue; for taxation of a bill of costs; to set aside a judgment; to obtain writs of certiorari, error, and mandamus; and to refer a case to an outside party to determine amount of judgment.

Creator:

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

Title:

Miscellaneous motions

Quantity:

1.3 cubic feet

3 boxes

Inclusive Dates:

1832, 1837

Series Number:

J1126

Arrangement

By attorney's name.

Scope and Content Note

This is a fragmentary series of "Motion Papers" arranged by attorney's name (1832 B-C and 1837 B, G only).

Affidavits of motions state the grounds on which the court will be moved. The accompanying notices of motion are addressed to the attorney for the opposing party. There are motions for judgment as in case of non-suit, for change of venue, for taxation of a bill of costs, to set aside a judgment, to obtain writs of certiorari, error, and mandamus, to refer a case to an outside party to determine amount of judgment, and so on. Other documents found in this series are petitions for attachment of the property of an absconding debtor; plaintiff's declarations; clerk's reports of damages due a plaintiff to whom a judgment has been awarded; writs of inquiry and inquisitions, determining damages; and cognovits, in which defendants acknowledge their liability for debts which plaintiffs are seeking to recover. The documents bear filing dates, but the declarations and related papers were apparently never filed in the main series of Declarations, and the "Motion Papers" were never filed with the main series of Utica Motions ("Term Papers").