Writs of execution, 1829-1847.

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Writs of execution, 1829-1847.

http://www.worldcat.org/oclc/83791650

This series consists mostly of two types of writs of execution. Writs of fieri facias command a sheriff to levy the amount of judgment from the judgment debtor. Writs of capias ad satisfaciendum command a sheriff to arrest a losing party for a court appearance. The series also includes various other writs. This series also contains a few other writs. The writ of scire facias is an order to the losing party in an action to show cause why he should not satisfy the judgment against him; it was often employed when one or the other of the parties to the original action was dead. The writ of habere facias possessionem (hab. fa.), issued in cases of ejectment, ordered a sheriff to put the rightful owner in possession of real property awarded to him by a court judgment. The writ of replevin orders a sheriff to deliver moveable goods taken unlawfully to their rightful owner. In each of these writs the type of common law action -- case, assumpsit, debt, covenant, replevin, ejectment, trover, etc. -- is usually stated on the dorso, along with the sheriff's statement of how the writ was executed. There is no statute specifically prescribing the form and use of these various writs; they 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.

24.1 cu. ft. (57 boxes)

New York State Archives

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SNAC Resource ID: 8308190

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

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

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