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'''1821–present:''' Circuit courts were the trial terms of the supreme court. The term "circuit court" was not used after 1895. Since 1896, the supreme court has held trial terms periodically in each county. | '''1821–present:''' Circuit courts were the trial terms of the supreme court. The term "circuit court" was not used after 1895. Since 1896, the supreme court has held trial terms periodically in each county. | ||
'''1683–1847:''' The Court of Chancery had statewide jurisdiction over civil equity matters, such as mortgage foreclosures, real property proceedings, sale of estates in dower and curtesy, naturalizations, matrimonial disputes, divorces, guardianships, and child custody. It absorbed the court of probate and had appellate jurisdiction over surrogate's courts. After 1847 equity responsibilities were assigned to the | '''1683–1847:''' The Court of Chancery had statewide jurisdiction over civil equity matters, such as mortgage foreclosures, real property proceedings, sale of estates in dower and curtesy, naturalizations, matrimonial disputes, divorces, guardianships, and child custody. It absorbed the court of probate and had appellate jurisdiction over surrogate's courts. After 1847 equity responsibilities were assigned to the Supreme Court. | ||
The Supreme Court of Judicature met in Albany, with courts of Appeal met in New York City, Utica, and Geneva. The records for the Court of Appeal in New York City are maintained by the New York County Clerk's Office, While those of Albany, Utica, and Geneva are at the State Archives in Albany. | |||
The ''Records of the New York Court of Chancery, 2nd through 8th Circuits, 1823–47'', are now at the state archives. ''The Records of the New York Court of Chancery, 1st Circuit, 1823–47'', which sat in New York, are at the New York County Courthouse, Office of the County Clerk. They contain decrees, files, indexes, minutes, and orders. The Family History Library has some of these for the first circuit, including minutes, 1711–1847; indexes, 1700–1848; and records, 1787–1910. | The ''Records of the New York Court of Chancery, 2nd through 8th Circuits, 1823–47'', are now at the state archives. ''The Records of the New York Court of Chancery, 1st Circuit, 1823–47'', which sat in New York, are at the New York County Courthouse, Office of the County Clerk. They contain decrees, files, indexes, minutes, and orders. The Family History Library has some of these for the first circuit, including minutes, 1711–1847; indexes, 1700–1848; and records, 1787–1910. | ||
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The Family History Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships. | The Family History Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships. | ||
“Lis pendens” is a recorded notice that title to property, both real and personal, is subject to litigation and serves as a warning to a prospective buyer. This type of court record exists in most states after 1800, but the FHL collection for New York State catalogs it separately. For further information on lis pendens in general, see Kip Sperry, “Lis Pendens as a U.S. Genealogical Source,” Genealogical Journal, 2(June 1973):51-53; explains a record that the Family History Library has for many New York Counties. | |||
Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, ''List of Pre-1847 Court Records in the State Archives'' (Albany, New York: Office of Cultural Education, 1984; Family History Library book {{FHL|364569|title-id|disp=974.7 A1}} number 316). These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest. | Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, ''List of Pre-1847 Court Records in the State Archives'' (Albany, New York: Office of Cultural Education, 1984; Family History Library book {{FHL|364569|title-id|disp=974.7 A1}} number 316). These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest. | ||