Common Pleas Actions
| Record Series |
Common Pleas Actions |
| Indexes |
|
| Sample of Record Series |
View a sample record |
| Location |
Warren County Records Storage & Archives |
| Format |
Handwritten and pre-printed forms |
| Arranged |
Chronological by File Date |
| Volume |
14 cubic ft |
| Department |
County Clerk |
| Legal Restrictions |
None |
| Use Restrictions |
Staff will access all records and must approve all requests for
copies.
|
| Historical Background |
The Warren County Court of Common Pleas was established at the
founding of the county in 1813, its first term being in May of that
year, and with the County Clerk serving as Clerk of the Court. The
court handled matters of a civil nature, brought directly to it or
referred from Justice Court, for which judicial settlement was
required. Following the reorganization of the courts throughout New
York in 1847, the Court of Common Pleas was abolished, with County
and Supreme Court then rendering decisions on civil actions. It is
noted that some Common Pleas activity occurred beyond 1847 as part
of the restructuring process, thus the dates as noted. Part 3,
Chapter 1, Title 5 of the Revised Statutes of the State of New
York, Vol 1, 1836 details the establishment of the Court of Common
Pleas, powers, jurisdiction, procedures and terms.
|
| Description of Record Series |
Series includes handwritten and preprinted forms, and containing
information appropriate to the action including: names of
plaintiffs, defendants, attorneys, judges/justices; description of
the action or legal proceeding (e.g. pleas, narratio, bail piece,
writs, judgments); date of action; filing dates; and attachments.
Documents may contain multiple pages. Legal documents are arranged
by year according to subseries title and then according to filing
date. Subseries include: Bail Pieces (appearance undertaking), Bill
of Costs (list of court fees assessed), Bonds (amount to secure
defendant), Clerk's Report of Damages (statement of damages awarded
by the court), Clerkship (attorney's affidavit to practice),
Cognovits (confession of liability), Judgments (determination of
settlement), Motion Papers various documents initiating action in a
civil suit). Notes of Issue (statement of readiness to proceed to
trial), Orders & Rules , Pleadings and Narratios (declarations
of the complaint by plaintiff and replies of the defendant), Writs
of Arrest, Writs of Certiorari, Writs of Execution (order to carry
forth judgment), Writs of Inquiry (order to empanel jury to
determine damages), Writs of Venire (order to hold trial court).
Not all subseries are found in each year. Identified in OCA
Schedule # 21050 - 21220.
|
| Purpose of Record |
A record of proceedings of civil cases (i.e. property, contract
disputes, money judgments) of the Court of Common Pleas and
including all relevant civil case information submitted to the court by either party for purposes of settlement.
|
| Other Formats |
None |
| Finding Aids |
This Record Series has multiple indexes (computer and paper
format): name index available 1813-1816; Minute Book indexed
1813-1852. Common Pleas judgments index 1813 - 1850. Series
location is provided on inventory database.
|
| Related Series |
Minutes of Common Pleas 1813-1852
(bound volume & microfilm).
|
