New York State Court for the Trial of Impeachments and Correction of Errors Notes of Issue and Correspondence J1157

New York State Court for the Trial of Impeachments and Correction of Errors Notes of Issue and Correspondence

Some content may contain outdated and offensive terminology. See: New York State Archives Statement on Language in Descriptive Resources

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 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"). These records document the legal process by which cases were appealed to the Court of Errors, the specific actions taken to move cases through the appeals process, and the court clerk's role as the primary source of information regarding cases pending before or previously heard by the court.

Creator:

New York (State). Court for the Trial of Impeachments and Correction of Errors

Title:

Notes of issue and correspondence

Quantity:

3 cubic feet

Inclusive Dates:

1838-1847

Series Number:

J1157

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.

Custodial History

The Court of Appeals deposited these records at Queens College, Historic Documents Collection, prior to transfer to the State Archives in 1982. Records were accessioned in April, 2000.