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The various series of motion papers contain many types of filed papers, the most numerous being affidavits and notices of motions. The affidavit states the grounds for the motion and may contain a brief summary of case proceedings The attached notice in forms the opposing party that the court will be moved at a specified time and place to issue a rule. The filing date and names of the parties and the filing attorney are written on the dorso The affidavit may bear rough notes summarizing the argument of the attorney making the motion, with appropriate citations to published case reports. On the outside of the affidavit is usually found a note stating whether the motion was granted or denied, and whether a stay of proceedings or execution was granted. The notice of motion includes an affidavit of service by the person serving. There are only a few affidavits and briefs opposing motions.
Motions were of two general types: enumerated motions, which were always placed on the calendar, and nonenumerated motions. Enumented motions in general involved points of law affecting the final outcome of a case. Examples were motions in arrest of judgment (defendant only); motions for judgment "notwithstanding the verdict" (plaintiff only); and motions arising on a writ of error, writ of certiorari, or similar writ, or a demurrer to pleading. Before 1832 enumerated motions on a special verdict, bill of exceptions, case reserved at trial, case agreed to by the parties without trial, and demurrer to evidence, as well as motions for a new trial on the merits were argued before the fill Supreme Court. After 1832 these motions were normally argued before a circuit judge. Motions and decisions thereon by circuit judges were required to be filed in specific clerk's offices, according to Rule 80 of the Supreme Court. (See Appendix B.)
Before 1830, nonenumerated motions were argued before one of the Supreme Court justices when the full court was holding a term. Starting in 1830 special terms were held monthly in Albany (when a general term was not in session) for argument of nonenumerated motions. An additional special term was held in Rochester starting in 1841. Nonenumerated motions were procedural in nature and did not affect the merits of a case. Nonenumerated motions were made to change a venue, to amend pleadings, to send a complex case to a referee to decide, to appoint a commissioner to take evidence from witnesses unable to attend a trial, to obtain judgment "as in the case of nonsuit," and to get a new trial on account of irregularity. Nonenumerated motions also included those made to set aside an inquest, a nonsuit, a verdict, a referee's report, a judgment, or an execution. After 1830 a few types of nonenumerated motions—for example, motions in real property cases—continued to be argued during the general terms, although they were not placed on the calendar.
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| J7011 |
Briefs, Draft Rules, and Motions (Albany), 1812-27. 1.3 cu. ft.
This series consists of briefs, draft rules, affidavits and notices of motions, certificates of clerkships, and other documents bundled together by court term. The bundles are labeled "Miscellaneous Papers" or "Draft Rules." The series also contains a few rules for attachment of property of sheriffs who had failed to put in bail for defendants; orders for holding circuit courts, opinions, and petitions for appointment of Supreme Court commissioners. There are a few affidavits of war service and property by veterans of the Revolutionary War who intended to apply for pensions. See also J6011 Affidavits of War Service and Property by Revolutionary War Veterans (Albany). The bundles of documents in this series have similar labels and were found in several series of papers marked "miscellaneous." Bundles for several court terms are lacking. The documents are unindexed. Additional documents belonging to this series may have been dispersed in other series, particularly J0001.
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| J0001 |
Miscellaneous Motions (Albany, Geneva), ca. 1806-47. 6 cu. ft.
This series consists of documents from other series originally filed in the Albany, Geneva, and perhaps Utica offices of the Supreme Court. Most of the documents are motions, cognovits, writs of execution, briefs, and affidavits of service of declarations. There are also a few returns to writs of certiorari, depositions de bene esse, returns to writs of commission, etc. The documents are in haphazard order.
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| J0126 |
Motions ("Term Papers") (Utica), 1820-46. 14.2 cu. ft.
This series consists mainly of affidavits and notices of motions arranged by court term. Other documents found frequently in this series are petitions for appraisal of land taken for street openings in New York City, for the partition of real estate held jointly or in common, and for attachment of the property of absconding debtors. Documents found occasionally are draft rules, stipulations, petitions for the appointment of next friends and guardians, and demurrers and notices of joinder in demurrer (a party's notice that he will argue against a demurrer). Documents found rarely are writs of view (ordering a sheriff to appoint four men to view real property and return a description of the same to the court), writs of summons (usually in cases of dower), and minutes of proclamations of fines (notices that a conveyance of real property is to be made in court). After about 1835 the series also contains many notices of argument, in which the attorney for one party to the action notifies the other that a motion will be argued at a stated time and place. There are also a few certificates of clerkships. This series includes the filed motions and other papers supporting cases placed on the calendar for argument. See J1241 Calendars of Enumerated Motions. Rules granted on both enumerated and nonenumerated motions are entered in J0128 General Term Minute Books.
The documents in this series are bundled by term and are then arranged by attorney's name. Many are out of order. One box contains lists of cases decided each term at Utica during the years 1822-46. The lists give names of parties and attorneys for each case and notes the outcomes: judgment granted, judgment of lower court affirmed or reversed (on writ of certiorari or writ of error), motion for a new trial granted or denied, and so on. For some court terms there are separate lists of judgments in certiorari cases. This subseries also contains a few draft rules and lists of Supreme Court counselors from the l83Os.
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| J1126 |
Miscellaneous Motions (Utica), 1832, 1837. 1.3 cu. ft.
This is a fragmentary series of motion papers arranged by attorney's name (1832 "B"—"C" and 1837 "B", "G" only). There are motions for judgment as in case of nonsuit, for change of venue, for taxation of a bill of costs, to set aside a judgment, to obtain writs of certiorari, error, and mandamus, and so on. Other documents found in this series are petitions for attachment of the property of absconding debtors; plaintiffs declarations; clerks' reports of damages due a plaintiff; writs of inquiry and inquisitions determining judgment awards; and cognovits, in which defendants acknowledge their liability for debts. The documents bear filing dates, but the declarations and related papers were never filed in the main series, J0009, and the motion papers were never filed with the Utica "Term Papers' J0126.
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| J0175 |
Orders of Circuit Judges on Motions for New Trials or for Commissions (Utica), 1834-47. .4 cu. ft.
This series consists mostly of circuit judges' orders granting or denying motions for new trials, after hearing arguments on bills of exceptions (in which defendants alleged error in earlier proceedings). There are also a few motions and orders for commissions to take testimony. Orders for new trials were entered in J0128 Minute Books (Utica).
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| J2013 |
Motions Denied (Utica), 1841-47. 1.4 cu. ft.
This series consists of affidavits and notices of motions that were denied by the court. Each document bears the letter "D" or the word "Denied." Sometimes a justice added notes explaining why the motion should be denied. This series also contains a few declarations and other documents that were not filed because the clerk's fees were not paid. The documents are in random order and are not indexed.
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| J0125 |
Motions and Notices of Joinder in Demurrer (Geneva), 1841-46. .4 cu. ft.
Most of the documents in this series are notices of joinder in demurrer, in which the plaintiff states that the court will be moved for judgment on the ground that the defendant's demurrer is frivolous. There are also a few motions for appointment of commissioners to admeasure dower, for stay of proceedings, for issuance of writs of certiorari or mandamus, and so on. Other documents found are petitions for partition of real estate, interrogatories (questions posed to absent parties or witnesses), declarations, stipulations, writs of attachment, and draft rules. The documents are unarranged. Earlier Geneva motion papers appear to have been destroyed. Enumerated motions appear on the Geneva calendar, J2241, and special rules granted are entered in the minute books, J0129.
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| J8026 |
Orders of Circuit Judges on Motions for New Trials (Geneva), 1833-47. .4 cu. ft.
This series consists mostly of orders of circuit judges granting or denying motions for new trials. There are also a few orders granting judgment as in the case of nonsuit, giving additional time to plead, setting aside a default, etc. The documents are in haphazard order and are not indexed.
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| J6026 |
Orders for Commissions (Geneva), 1829-47. .4 cu. ft.
This series consists primarily of motions and orders for commissions to take testimony from material witnesses residing out of state. There are also a few court orders granting or denying new trials, to refer a cause, etc. The documents are unarranged and unindexed. The whereabouts of the writs of commissions filed in the Geneva office is unknown.
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| J5026 |
Orders for Appointment of Guardian or Next Friend (Geneva), 1829-47. .4 cu. ft.
This series consists of petitions to a Supreme Court justice, commissioner, or judge of a court of common pleas for appointment of a guardian ad litem for an infant-defendant or a next friend (prochein ami) for an infant-plaintiff. (This appointment was necessary because a minor could not appear in court.) The petition states the age of the infant and summarizes the case to which he or she is a party. Cases involved matters such as slander, negligence, assault, recovery or partition of lands, promissory notes, breach of promise to marry, and so on. Accompanying the petition are the signed consent of the person designated to be the guardian or next friend; the affidavit of a court officer attesting to the signatures of the infant and the guardian or next friend; and the order admitting the guardian or next friend to appear for the infant in court. The documents are unarranged and unindexed. Appointment of guardians or next friends was governed by the Revised Statutes of 1829, Part III, Chap. 8, Title 2.
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