Motions, 1820-1846.

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Motions, 1820-1846.

http://www.worldcat.org/oclc/79117515

This series consists mostly of affidavits stating the grounds for a motion and sometimes summarizing proceedings in the cause, and attached notices informing the opposing party of the motion for a court rule. This series also includes other motions, petitions, draft rules, demurrers, notices of joinder in demurrer, and other documents. This series consists mainly of affidavits and notices of motions. The affidavit states the grounds for the motion and may contain a brief summary of proceedings in the cause. The attached notice informs the opposing party that the court will be moved at a specified time and place to issue a rule. The names of the parties and of the filing attorney and the filing date are written on the dorso. The affidavit may bear rough notes summarizing the argument of the attorney making the motion, with appropriate citations to published case reports. On the outside of the affidavit is often found a note stating whether the motion was granted or denied, and if a stay of proceedings or execution was granted. The notice of motion includes an affidavit of service by the person serving and, sometimes, an admission of service by the person served. There are only a few affidavits and briefs opposing motions.

14.2 cu. ft. (33 boxes)

New York State Archives

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SNAC Resource ID: 8224565

Related Entities

There are 3 Entities related to this resource.

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

http://n2t.net/ark:/99166/w67x7412 (corporateBody)

These were instruments developed in the common law of England, as continued in the new State of New York by the Constitution of 1777, Article 35. In England the writ of fieri facias empowered a sheriff to seize only moveable property, but an act of Parliament in 1732 extended this power of seizure to real property in the American colonies only. From the description of Writs of arrest and execution, 1807-1847. (New York State Archives). WorldCat record id: 83129617 ...

New York (State). Court of Appeals

http://n2t.net/ark:/99166/w61k37sb (corporateBody)

CURRENT FUNCTIONS. The court of appeals is New York State's highest court and court of last resort with appellate jurisdiction only. It hears cases on appeal from other appellate courts and sometimes from trial courts. Its review is generally limited to questions of law; in capital cases it may rule on both law and fact. The court of appeals also reviews determinations of the Commission on Judicial Conduct. ORGANIZATIONAL HISTORY. Under British colonial rule, appeals fro...

New York (State). Supreme Court of Judicature

http://n2t.net/ark:/99166/w6km3905 (corporateBody)

Between 1786 and 1829 the Supreme Court and the county courts of common pleas shared with the Surrogate's Courts the power to prove and record wills devising real property, and also wills whose witnesses were unable to appear in court. In addition, between 1801 and 1829 the Supreme Court had the exclusive power to prove and record wills devising real property located in several counties. (Wills proved in the courts of common pleas were recorded by the county clerks). After a will was proved and ...