ARCHIVAL COLLECTION
Record Series: CASES ON APPEAL
Dates: 1849-1946
Location: Warren County Records Storage & Archives.
Format:
Arranged: Printed volumes arranged chronologically, exhibits may contain maps and photographs.
Volume: 14.33 cubic ft
Department: County Clerk
Legal Restrictions: Restrictions may apply. Divorces over 100 years.
Use Restrictions: Staff will access all records and must approve all requests for copies.
Historical Background:
Perhaps one of the most significant
changes in legal procedure during the 19th century occurred with the adoption,
in 1848, of the Code of Procedure, with the intention being to simplify
the more complicated, time-consuming processes of the prior era.
According to the publication, "Duely & Constantly Kept, " produced
by the New York State Court of Appeals and New York State Archives &
Records Administration, the appeal process, previously used in Chancery,
was extended to all civil actions heard in the various
court--from inferior, lower
courts to Supreme Court and on into the newly-created Court of Appeals.
That Warren County's Cases on Appeal begin c. 1850 coincides with the implementationof
the 1848 Code of Procedure. Selected cases of note include:
Peo. v. Joseph Wood, Peo. v. George Willet, Price v. Price, William
Spier and Queensbury Bridge, Kathan v. Kathan. With a change in court filing
procedures in 1917 all Cases (Records) on Appeal were filed with the original
action.
Description of Record Series:
Comprised of printed bound
volumes (1852-1946), and consisting of a complete transcript
of testimony, case name, plaintiffs, defendants, attorneys, witness affidavits,
court and filing information, with exhibits attached (including maps and/or
photographs);
related tri-folded documents
may be attached as well separately filed documents 1849-1917; some duplicates
and varying dates may be included. A numerical filing system was
introduced c. 1893-1914 but later abandoned. Series also known as
Cases and Exceptions. Cases on Appeal now filed with original Civil
Action Case File. OCA Schedule # 20550.
Purpose of Record:
A record of evidence presented
by an appellant to a higher court (i.e. Appellate Division or the Court
of Appeals) for the purpose of overturning the decision of the lower court.
Other Formats: None
Finding Aids: Series
indexed (1852 - 1901 only) by case name, with plaintiff, defendant, file
date. Series locations on
inventory database.
Related Series: Civil
Actions 1917- present.