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Calendars list enumerated motions argued before the Supreme Court of Judicature in the general terms. Enumerated motions were made to argue a "case" or legal question raised either at a circuit court trial or by the parties without trial; and to argue points of law raised by a special verdict found by circuit court jury, a demurrer to evidence, a writ of error, a bill of exceptions, or a writ in the nature of a writ of error (including writs of mandamus and some writs of certiorari). Enumerated business also included motions to set aside a verdict, an inquisition or report of damages, or a nonsuit. Enumerated motions were usually placed on the calendar in chronological order by the date when the question arose, and each motion was numbered. Some of the questions originated a year or more before the term in which arguments were heard. Each entry in the calendar gives the names of the parties and their attorneys, the type of motion to be argued, and the date of joinder in error or joinder in demurrer or the date of notice of motion. Some entries have notes stating the date the motion was argued. The clerk made up a calendar for each court term. The calendars are arranged in chronological order. They are unindexed. The affidavits and notices of motions, briefs, and other documents supporting the arguments for or against enumerated motions are found in the various series containing motion papers. Enumerated motions were defined in the first rule of the Supreme Court adopted in January term, 1799. The earliest rule explicitly requiring clerks to keep a calendar dates from January term, 1803. Rule 51, adopted in 1829, required the clerks to make up calendars from the notes of issue submitted by attorneys.
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Calendar of Enumerated Motions, January Term, 1816. This page from a calendar of term cases lists an argument on demurrer, several certiorari cases, and "cases," or legal points referred to the full Supreme Court by parties to a civil action. Names of the parties are given in the left hand column and names of their attorneys on the right. Item 51 involves an ejectment action, in which a claim to real property was decided. (The plaintiff "James Jackson" was fictional.) (Series J0241 Calendars of Enumerated Motions [Albany].) |
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| J0241 |
Calendars of Enumerated Motions (Albany), 1806-47. 68 vols.
Motions filed at Albany are found in J0011 Motions and Declarations, J7011 Briefs, Draft Rules, and Motions, and J0001 Miscellaneous Motions.
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| J1241 |
Calendars of Enumerated Motions (Utica), 1820-47. 28 vols.
Motions filed at Utica are found in J0126 Motions (Term Papers) and J1126 Miscellaneous Motions.
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| J2241 |
Calendars of Enumerated Motions (Geneva), 1841-47. 6 vols.
This series consists of calendars of enumerated motions argued before the Supreme Court in the special term held at Rochester starting in 1841. Motions filed at Geneva are found in J0125 Motions (Term Papers) and J0001 Miscellaneous Motions.
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