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The Supreme Court minute books contain special rules, or orders, granted after arguments on motions; orders in certain real property actions and condemnation proceedings; and orders regarding court practice and the admission of attorneys. The minute books include rules on both enumerated and nonenumerated motions. Enumerated motions were those placed on the court calendar for argument during the general term. Until 1830, nonenumerated motions were argued during the term but were not calendar cases. Beginning in 1830, nonenumerated motions were argued during special terms held in Albany monthly (except in January, May, and July). In 1841 an additional special term, to be held in October, was established at Rochester. Starting in 1832 certain enumerated motions were normally argued before circuit judges. For a discussion of the various types of motions (enumerated and nonenumerated), see "Motion Papers."
The minute books contain many orders issued in partition cases or other real property actions and proceedings. The rules in partition actions were obtained to appoint a guardian to represent a minor defendant; to require tenants to appear and show title; to appoint commissioners to make a partition; and to confirm and certify a partition of lands. Prior to 1830 the minute books also contain a few orders for a writ of right summoning the electors (i.e. jurors) of a grand assize, which determined the undocumented title or right of a tenant to lands. There are also minutes of the engrossment of final concords (or fines), of the proclamation of the fine in court, and of the delivery of the upper part of the fine to the demandant and the foot of the fine to the clerk for filing. See J1Ol1 Fines and Chirographs. The court minutes contain numerous special orders confirming the proceedings of commissioners appointed to assess the value of lands taken for laying out or widening streets in New York City. These orders, found in both the Albany and Utica minute books, were made pursuant to Laws of 1813, Chap. 86, and Laws of 1816, Chaps. 81 and 160. The orders include copies of the commissioners' reports, which contain detailed descriptions of the property taken.
Other entries in the minute books relate to admission of attorneys to the bar. There are orders appointing commissioners to examine the qualifications of persons applying for admission; lists of applicants; orders admitting them to practice; orders to newly admitted attorneys and counselors to take and subscribe their oath; orders striking from the roll names of attorneys and counsellors who had been convicted of crimes or who had committed irregularities; and orders appointing commissioners to take affidavits to be read in Supreme Court. General rules of procedure adopted by the court are entered in the minute books. (These rules are also available in published form; see the Bibliography.) Finally, the Albany and Utica minutes contain a few orders for proof of the will of a person who left no heirs resident in New York State, and for recording of the will by the clerk of a local court of record. The orders sometimes include the text of the will proved.
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| J0130 |
General and Special Term Minute Books (Albany), 1797-1847. 29 vols.
The minutes for each court term open with a list of the proclamations made: opening the court, calling of sheriffs to return writs or precepts, and directing mayors, justices, coroners, and other public officers to bring into court any recognizances of bail. The date of each daily session and the names of the justices present are then entered. For each case the minute, or entry, states the names of the parties and of the attorney moving the court for a rule The motion is summarized and the rule of the court is entered. Beginning in 1830 the minutes of the Albany special terms are found in these volumes, along with minutes of the general terms. Starting with February term, 1824, each of the Albany minute books is indexed individually. Starting in 1831 the indexes are by year, not term The indexes consist of alphabetical lists of parties making a motion or submitting a petition. See also J2130 Index (Partial) to Minute Books (Albany).
The Albany minute books for the years 1797 through 1800 contain proceedings of grand juries and criminal trial minutes. The grand jury proceedings list names of persons indicted, the charges against them, and their pleas. Following are minutes of the trials of indicted persons who pleaded not guilty. These minutes list the names of jurors and witnesses and state the verdicts found by the juries. There are also minutes of sentencing of criminal defendants who were convicted or who pleaded guilty. The early Albany minutes also contain a few orders for the naturalization of aliens (these are unindexed). See J501l Naturalization Papers.
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| J1130 |
Rough Minute Books (Albany), 1797-1807. 2 vols.
These two volumes contain the rough version of the engrossed minutes of the Supreme Court terms at Albany, which are found in the first two volumes of J0130. these rough minutes sometimes contain less information than the engrossed minutes, especially in April term, 1797.
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| J0079 |
Minute Books for the Trial of Issues (Albany), 1798-1800. 3 vols.
This series consists of minutes of the Court for the Trial of Issues held at Albany. This court was held by a justice of the Supreme Court for trials of issues that were not tried on circuit. All the cases are civil actions. The trial minutes include the case title, the plaintiff's motion for the return of jury process, lists of jurors selected and witnesses called, and the jury's verdict and award of damages. Occasionally the result is a nonsuit of the plaintiff. The minutes also include lists of jurors by town who were fined for nonappearance. These minutes are unindexed. Laws of 1786, Chap 41, stated that trial of issues at the bar of the Supreme Court of Judicature "shall only be done in cases of great difficulty, or which require great examination."
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| J2130 |
Index (Partial) to Minute Books (Albany), 1797-1847. 1 vol.
This volume is a partial index to minutes of the Supreme Court terms at Albany. The index was compiled in the later nineteenth or early twentieth century. Only selected cases are included, and the exact criteria for selection are unknown. The entries are alphabetical by first letter of plaintiffs name, then sequential by volume and page numbers in the minute books. The minute books are cited by volume number (vols 1-16) through 1834, and then by year through 1847. Admissions of attorneys (including counselors) are entered under the letter "A," but names of individual attorneys are not indexed. Petitions and orders for street openings are indexed by name of city (mostly New York and Brooklyn), then by name of street. Actions In re ("In the matter of") are indexed under the letter "I." (Most of these are petitions for partition and for proof of wills of persons leaving no heirs in New York State.) Fuller indexes to the Albany minutes are found in each volume of that series commencing with the February term, 1824.
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| J0128 |
General Term Minute Books (Utica), 1820-46. 13 vols.
The minutes for each court term open with a list of proclamations made. The date of each daily session and the names of the justices present are then entered. For each case the minute, or entry, states the names of the parties and the attorney moving the court for a rule and gives a summary of the motion and the rule, if any were granted. The Utica minute books contain for each court term lists of major decisions by the justices (particularly affirmances or reversals of judgments of lower courts). Each of the books is indexed by name of party making a motion or a petition. Until 1820 the Supreme Court held its regular terms only in Albany and New York City; hence there are no minute books for Utica before that year. Minute books for 1830 and 1834 through 1835 are missing.
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| J0129 |
Special Term Minute Books (Geneva), 1841-46. 2 vols.
These two volumes contain minutes of orders entered during the special terms of the Supreme Court held at Rochester each October between 1841 and 1846, pursuant to Laws of 1841, Chap. 157. (Previously the October special term had been held at Albany.) Each entry states the names of the parties and of the attorney making the motion for the rule, and the court rule granted, if any. Most of the rules were given to enter the default of a sheriff for failure to return a writ; to award a judgment to a plaintiff on default of the defendant, or on a frivolous demurrer; to award or deny a new trial; to affirm or reverse the judgment of a lower court; or to issue a writ of error or mandamus. There are a few rules for a partition of lands or admeasurement of dower. The minute books also contain a few rules appointing examiners of candidates for admission as attorneys (but no lists of attorneys admitted); general court rules (nos. 103, 104, adopted November 7, 1845); and other miscellaneous rules. The entries are chronological by court term and daily session. The volumes are not indexed.
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