| J3130 |
Minutes of Return of Writs by Sheriffs (Albany), 1797-99. 1 vol.
This volume contains minutes of the return of writs by sheriffs (or by coroners, in cases of attachments against sheriffs), with occasional notes of motions and orders for proper execution of writs that had been returned only partially executed. The most frequent entries are for writs of capias ad respondendum (capias), fieri facias (fi. fa.) and capias ad satisfaciendum (ca. sa.) A few entries are found for the writ of scire facias, ordering a party to show cause, usually as to why a judgment should not be satisfied; writ of venditione exponas, ordering a sheriff to put up for sale the personal property of a judgment debtor; and writ of latitat, ordering a defendant's arrest after a writ of capias was returned non est inventus. The entries in this volume are grouped first by court term and then by attorney, under whose name one or more parties are listed. The title of the case is given in each entry. This volume is unindexed. The writs themselves are found in J0024 Writs of Arrest and Execution (Albany).
|
|
| J0153 |
Registers of Returns of Writs (Albany), 1815-25. 2 vols.
These registers list writs returned by sheriffs. The returns are for writs of capias ad respondendum by which defendants were arrested and held for appearance in court; writs of habeas corpus by which defendants, witnesses, or other persons were held for the same purpose; and the various writs of execution issued subsequent to a final judgment. Each entry gives the date of filing of the returned writ; names of the plaintiff and defendant; and remarks on the type of writ and whether or how it was returned by the sheriff. For writs of capias ad respondendum (caps.) and habeas corpus the return is either "defendant taken" or "not found." The returns to writs of fieri facias (fi. fa.) usually state that nulla bona or "no goods," were found on which a judgment could be levied, occasionally that a specified amount was collected, or that the total judgment was satisfied. The writ of capias ad satisfaciendum (ca. sa.) might be returned with the notation that the judgment was satisfied; otherwise the judgment debtor was stated either to be "taken," i.e., arrested, or "not found." The writ of scire facias, an order to a defendant or his heirs to show cause why an action should not proceed or a judgment not be levied, was returned by the sheriff stating that notice had been given The register entries are chronological by filing date of the returned writ and are grouped together under the name of the attorney who obtained the writs. The names of attorneys are entered under the first letters of their last names. These registers serve as indexes to J0024 Writs of Arrest and Execution (Albany) for the years given. Returns of writs of execution for Albany for the period 1837 through 1854 are found in J1153 Registers of Returns of Executions
|
|
| J1153 |
Registers of Returns of Writs of Execution (Albany), 1837-54. 4 vols.
These registers list returns of writs of execution by sheriffs in counties served by the Albany office of the Supreme Court. The returns are mostly writs of fieri facias (fi. fa.) and capias ad satisfaciendum (ca. sa.), but there are a few for writs of habere facere possessionem (hab. fa.) and scire facias (sci. fa.). The entries in these registers contain the following information: names of judgment debtor (usually the defendant) and judgment creditor (usually the plaintiff); type of writ (abbreviated as above); county from which the writ was returned; whether or how the writ was executed; and name of attorney for the party obtaining the writ. The entries in the registers for 1837 through 1846 are grouped by court term, and thereunder by first letter of last name of judgment debtor. The register for 1847 through 1854 contains chronological entries for writs of execution returned by sheriffs in every county of the state, including New York City and County. These returns were for writs issued on judgments given by the Supreme Court of Judicature prior to the judicial reorganization of 1847. The registers in this series serve as indexes to J0024 Writs of Execution (Albany) for the period after 1837.
|
|
| J0226 |
Registers of Returns of Writs (by County), 1815-47. 6 vols.
This fragmentary series consists of registers of returns of writs issued by the court and returned by sheriffs. The returns are for writs of capias ad respondendum, by which defendants were arrested; for writs of summons, by which corporations were summoned to appear; and for the various writs of execution issued subsequent to a final judgment (writs of fieri facias, capias ad satisfaciendum, and habere facias possessionem). Each entry in these books states the names of the parties to the cause, the abbreviated name of the writ (caps., fi. fa., sci. fa., ca. sa., etc), the name of the attorney to whom the writ was issued, and the action taken by the sheriff. The entries are grouped together by court term, and in some books entries for attorneys are grouped together in alphabetical order by name of attorney. All but one of the volumes contain two sections, one for a county, commencing at either end. For other registers of writs, some of which overlap with these volumes, see J0153 and Jl153, described above.
|
|
| J0210 |
Index to Returns of Writs and Executions (New York), 1814-17, 1826-58. 7 vols.
This series consists of indexes to writs returned by sheriffs and other court officers to the clerk of the Supreme Court at New York City. The first three volumes (1814-17, 1826-35) contain entries under attorneys' names, arranged chronologically. Each entry gives the date of return of the writ, names of plaintiff and defendant, and type of writ and how it was returned. The writs indexed are mostly writs of capias ad respondendum (cap. or caps.), fieri facias (fi. fa.), and capias ad satisfaciendum (ca. sa.) There are also occasional entries for writs of summons, replevin, scire facias, and attachment. Some of the entries state that the writs were countermanded by rule of the court.
The last four volumes (1836-53, 1856-58) are in a different format. In each volume the entries are alphabetical by initial letter of plaintiffs last name, then chronological by return date. Each entry gives the date of return, names of plaintiff and defendant, and the return made. (Names of attorneys and types of writs are not given.) No writs of capias ad respondendum are entered, but until 1847 writs of summons are included. Most of the entries are for writs of execution (fi. fa. and ca. sa.) and for simple executions (issued after the old writs of execution were abolished in 1848). The entries in the volume for 1847 through 1853 may be returns of executions for judgments signed prior to the judicial reorganization of 1847. However, those in the volume for 1856 through 1858 are apparently returns of executions to the clerk of the new Supreme Court for the city and county of New York.
|
|
|
|
