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The first two of the four series listed below consist of writs of commission issued by the Supreme Court. Writs of commission directed commissioners appointed by the writ to take depositions from material witnesses residing in other states or countries. The return to the writ consists of answers by the witness to interrogatories, transcribed and certified by the commissioners. Attached to the writ and the return are the interrogatories, and occasionally cross-interrogatories, submitted by attorneys for parties to the action. Many of the returns are enclosed in the original wrappers with seals. They are unarranged and unindexed.
The Revised Statutes of 1829, Part III, Chap. 7, Title 3, Arts. 2 and 3, specified in detail the manner in which commissioners were to execute and make return to the writ of commission.
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| J0170 |
Writs of Commission (Albany and Utica), 1802-43. 1.3 cu. ft.
These documents were found in several "miscellaneous" series identified by the Historical Records Survey. Rules for issuance of writs of commission were entered in J0128, J0130 Minute Books (Albany, Utica).
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| J0014 |
Writs of Commission (New York), 1802-62. .8 cu. ft.
These documents were originally filed or kept in the office of the Supreme Court of Judicature in New York City, and it is not known why they were sent to the Court of Appeals in Albany. The documents are unarranged and unindexed.
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| J0151 |
Testimony Taken Conditionally, 1833-46. .4 cu. ft.
Testimony was taken conditionally (de bene esse) from a material witness who was a transient or a nonresident or who was unable to testify at a trial because of illness. A party seeking an order allowing the testimony to be taken submitted an affidavit stating the nature of the action, the plaintiffs demand, the name and address of the witness, and the reason he or she could not appear at the trial. The order allowing the testimony to be taken is subscribed on the affidavit; it requires the attorney for the opposing party to attend the examination of the witness. Attached to the affidavit and order is the deposition of the witness recounting the facts pertinent to the case. The documents in this series are unarranged and unindexed. The office or offices in which they were filed is uncertain, but at least some were filed at Utica. Taking of testimony de bene esse was governed by the Revised Statutes of 1829, Part III, Chap. 7, Title 3, Art. 5.
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| J3011 |
Summaries of Testimony Given in Circuit Courts and Courts of Oyer and Terminer, 1823-28. 2.6 cu. ft.
This fragmentary series consists of summaries of testimony and proceedings in the circuit courts and courts of oyer and terminer. At the head of each document is written the name of the court, the venue, the date, and the names of the presiding justices. Following are entries for each case (civil or criminal) heard by the justices. Entries for a case include the names of the parties and their attorneys, the form of action (civil) or charge (criminal), the pleadings, summaries of testimony given by each witness, extracts from documents introduced as evidence, very brief notes on the summary arguments by attorneys for both sides, and the verdict found by the jury. The records are arranged by year, county, and term. The following counties are represented: Broome, Chautauqua, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Greene, Herkimer, Madison, Monroe, Montgomery, New York, Oneida, Otsego, Rensselaer, St. Lawrence, Saratoga, Schoharie, Tompkins, Warren, Washington. The series is fragmentary and there are no similar records or other counties and years.
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