| PA State Archives | Hours, Directions, & Fees | Research Topics | Finding Aids for Collections | Land Records |
RG-33
Records of the SUPREME COURT OF PENNSYLVANIA
Series Descriptions
Unarranged.
Records believed to be maintained by the Honorable Leonard Myers, a Philadelphia attorney, U.S. Congressman, and Commissioner of the Court of Claims. Included is correspondence relating to the status of spoliation claims and/or fee payment, as well as copies of petitions, motions, decisions, congressional reports, and pamphlets relating to french spoliation claims used as research in presenting cases to the U.S. Court of Claims. Claims were made under the terms of an act approved January 20, 1885, allowing the U.S. Court of Claims to examine and determine the validity of cases made by United States citizens (or their representatives) seeking remuneration for their property seized (spoliations) by French warships and privateers during the undeclared naval war with France (1797-1801) and the XYZ Affair. The XYZ Affair was a diplomatic episode in which the French attempted to bribe United States delegates into diplomatic agreements, mainly in response to the Jay Treaty between the United States and Great Britain, viewed negatively by the French. Mr. Myers represented the interests of the Insurance Company of Pennsylvania, personal estates, and individuals.
Refunding Bonds,Indexed externally, alphabetically
by surname of pensioner.
Petitions for veterans' pensions submitted to the Supreme Court of Pennsylvania.
According to the Statutes at Large for 1785, these petitions were normally filed
in the local county Orphans' Court. By law, the Court required substantial proof
of the disability. At least one commanding officer and the surgeon who was affiliated
with the soldier had to file depositions with the court affirming the soldier's
service record and attesting to the wound. Once the Orphans' Court decided upon
the case, it was sent to the Comptroller-General for permanent recording. The
Assembly required the court to revise their proceedings every year. The entire
process was revised in 1787 when, by an act of the assembly, the Supreme Court
became the overseeing authority, and was given authority to review any pension
case necessary in its regular sessions, or on circuit in the counties. By law,
applications for pensions were only allowed within three years of the two acts.
Thus, a veteran or widow could only file a claim from 1785 through 1790. Information
provided by the applications may include name, rank and regiment of soldier;
residence; occupation; and age. The depositions normally show name of commanding
officer; the battle fought in; and the type of wound received. Other documents
sometimes included are commission and enlistment papers. Related information
may be found in the Orphans' Court Dockets for the respective counties. See
also the following related State Archives series, and the online name
index to the Revolutionary War pensioners documented therein:
Rules of Reference and Reports of Referees,
1765-1837.
(2 cartons)
{series #33.99} [Holdings]
Grouped chronologically by date of appearance, except for documents from the
years 1783-1809, which are arranged alphabetically by name of plaintiff.
When a case was entered into a Supreme Court docket, but not settled, the parties
involved often agreed to have the case referred. The commencing document was
an Agreement to Refer, and once this was filed, the Court made notice of this
agreement, and appointed the appropriate people as the referees The documents
in these files are entitled Rules of Reference, or Rules of Reference and Reports,
and bear statements of the referees' decisions. Also included with the rules
may be writs of partition or scire facias. Information provided about each case
includes names of plaintiff, defendant and referees; amounts of debt and restitution;
court term; filing date of referral; and date of arbiter's decision. Of special
interest is the case involving Benjamin Franklin.
Rules to Take Depositions,
1780-1808.
(3 folders)
{series #33.100} [Holdings]
Arranged chronologically by date of rule.
When a party in a cause is fearful of losing the testimony of a material witness,
or if the witness lives outside of the locality where the hearing is to take
place, an application must be made to the court for the witness to be examined
by an appointed commission. The statement, or deposition, then taken from the
witness may be used as evidence before the court. Documents found in these files
include agreements to take depositions, agreements to a commission to examine
witnesses, nominations to commissions, and interrogatories. Information provided
about each case may include names of plaintiff, defendant, witnesses, attorneys,
and commission members; residence of witness; type of plea or case; and date
returnable. Of special interest are the cases involving Robert Morris, Mark
Bird, and Michael Hilligas, Esq., Treasurer of The United States. Also of interest
may be the fact that commissions were sent to New York, Delaware, Virginia,
and as far away as Massachusetts and London. For related materials, see the
Supreme Court records entitled Commissions,
1810-1817 {series #33.30} and Depositions,
1781-1825 {series #33.37}.
Scire Facias Papers,
1768-1819.
(8 folders)
{series #33.101} [Holdings]
Documents are grouped by filing dates, but generally are not arranged.
Writs issued from the Supreme Court, commanding a defendant to show cause why
a judgment should not be carried out, or why an individual, not originally involved
in the suit but affected by it, should not be made a party to the judgment.
In some instances, a writ of scire facias could begin a new action, such as
if it was issued against bail, or a case of replevin. In other instances, such
as in a revival of judgment, it acted as a continuation. The forms that this
writ takes vary with its purpose. Purposes of writs in these files include revival
of judgment, post annum et diem, sur recognizance, sur mortgage, against garnishee
and against special bail. Information obtainable includes names of plaintiff,
defendant, Sheriff and surety, amount of surety, and nature of case. Other types
of papers filed include foreign attachments, garnishee bonds, minutes, and a
Nisi Prius jury list. Of particular interest are the cases involving Edward
Shippen (1797), Stephen Girard (1799), The Bank of Pennsylvania (1803), The
Bank of North America (1803), and Rubicam and Simm (1817).
Scire Facias Sur Recognizances,
1796.
(1 folder)
{series #33.102} [Holdings]
Unarranged.
Writs for the purpose of continuing or commencing the execution of a judgment
which has lapsed, or has not been obeyed. In this case, the person who had promised
to support the defendant (debtor) in a recognizance must pay to the plaintiff
(creditor) the stipulated amount, since the defendant has failed to abide by
the recognizance, or the decision of the Court. The writs are thus continuations
of older actions. Information obtainable includes names of plaintiff, defendant,
and bondsman; original plea; and amount owed. Also included in this file are
writs of scire facias to revive judgment, and writs of scire facias against
garnishes. See also the records entitled Recognizance
Papers, 1754-1823 {#33.93}.
Settlement of Accounts Case Papers,
1776-1804.
(1 box)
{series #33.103} [Holdings]
Arranged as case files, and thereunder grouped chronologically.
The Office of the Comptroller General was created by "An Act for Methodizing
the Department of Accounts of the Commonwealth and for the More Effectual Settlement
of the Same" (Statutes at Large for Pennsylvania, Chapter CMLXX). The duties
of this office entailed the settling and liquidation of claims against the Commonwealth
and the keeping of records of men indebted to the state. First, the Comptroller
General would determine the credibility of the debt. After his decision, the
creditors petitioned the Supreme Court for relief. Account cases represented
in the files involve the recovery of debts for and against the Commonwealth.
Types of documents filed include examinations, depositions, records of audit
settlements, narratives, recognizances, repeals of recognizances, and letters
from the Comptroller. Of special interest is the file of Robert Morris. Other
cases of interest include Stocket and Wharton v. John Mitche.., and the Commonwealth
v. Conrad Ihrie. Also represented in the files are a case of an attainted estate,
in which the debtor has not enough to pay all of the claimants; a case against
the Comptroller General by the state; and a case of fraud by a public official.
For further information see Miscellaneous Accounts, Including Records of Transactions
Involving the Commonwealth and the United States,
1782-1809 {series #4.38} and Letter Book,
Accounts, and Related Records of the Auditors of Accounts for the State, 1777-1784
{series #4.29} both records of the Comptroller General.
Sheriff's and Coroner's Bonds and Recognizances,
1790-1791.
(1 folder)
{series #33.104} [Holdings]
Unarranged.
According to chapter 1458 of "Statutes at Large for Pennsylvania" (1790), "before
any commission shall be granted to the Sheriff or Coroner of the city and county
of Philadelphia, or of any county in this state, he shall enter into a recognizance
before the president and supreme executive council, or before commissions by
them for that purpose..., which recognizances shall be in the nature and effect
of judgments obtained in the supreme Court and shall bind the lands, tenements,
and hereditaments of the said Sheriffs and Coroners in the same manner as such
judgment to the amount of the security by law required in each county." The
purpose of these recognizances was as insurance against misconduct of the bonded
officials. Documents found within this file include bonds, recognizances and
commission reports, all of which were filed with the Prothonotary of the Supreme
Court. Information provided includes names of Sheriffs, Coroners, sureties and
commissioners involved and the amount of the bond. Officials from the following
counties are represented: Bedford, Berks, Bucks, Cumberland, Dauphin, Delaware,
Fayette, Franklin, Lancaster, Luzerne, Montgomery, Northampton, Northumberland,
Philadelphia and York. See also the records entitled Recognizance
Papers, 1754-1823 {series #33.93}, Scire Facias Papers,
1768-1819, {series #33.101} and Scire Facias sur
Recognizance Papers, 1796 {series #33.102}.
Sheriff's Deed Books and Lists of Attorneys Admitted,
1796-1876 (Lists 1742-1776, 1778-1809 only).
(2 boxes, 7 volumes)
{series #33.105} [Holdings]
Arranged chronologically by court term, and thereunder by date of entry.
Transcriptions of land property conveyances, originally taken in execution upon
an estate or in a suit by virtue of a writ of fieri facias and sold at public
auction by writ of venditioni expinas. Information provided includes names of
plaintiff, defendant, grantee, and the Sheriff involved; date of deed poll;
property location, size, boundaries and names of neighbors; and date grant was
received.
Special and Privy Verdicts Papers,
1775 and undated
(1 folder)
{series #33.106} [Holdings]
Unarranged.
This folder contains one dated document, a "Special Verdict," which, instead
of giving a general finding for one party or another in a case, sets forth a
specific finding for each issue or fact in question. The other documents, all
undated, include "Privy Verdicts," which were delivered privately to a judge
by the jury, and also a draft record on removal in the Circuit Court of the
United States. Information obtainable includes names of plaintiff, defendant
and jurors involved, the finding of the jury, and the amount awarded. See also
the record series Cases Stated File, 1783-1793
& undated {series #33.25}.
Special Assignment Dockets,
1971-1974.
(1 carton)
{series #33.107} [Holdings]
Arranged chronologically by term, and thereunder numerically by docket number.
Special judicial assignments granted by the Supreme Court to sitting and retired
judges. Information given on docket includes names of judges affected and the
location, reason, and length of special assignment. Reasons for a special assignment
may include change of venue, participation in additional legal programs, and
mostly disqualification of a judge from a case.
Stipulations of Counsel for Extension of Time to File Briefs,
1973-1976.
(1 box)
{series #33.108} [Holdings]
Arranged chronologically by filing date.
Papers submitted by attorneys to obtain an extension of the time limit within
which briefs for a case may be filed. Information provided includes court term
and case number; names of parties; and dates of stipulation, confirmation, extension,
and compensatory extension for the other party. This information is normally
noted in the Court Dockets as well.
Suggestions,
1796-1841.
(5 folders)
{series #33.109} [Holdings]
Each folder arranged chronologically by original date of case.
A suggestion is a conveyance of information, applied to those cases where, during
the pendancy of the suit, some matter of fact occurs which puts a stop to the
suit in its existing form. Such occurrences can include the death, marriage,
or insolvency of one of the parties. The fact is normally announced to the court
by the counsel of the opposite party, or is simply entered upon the record.
Once the fact is admitted, if true, the court issues the proper order thereupon.
If false suggestions are made, particularly in the case of wills, they generally
amount to fraud. Information provided by the suggestions includes names of original
plaintiff and defendant, their attorneys, any new parties, case numbers which
appear to relate to numbers on trial lists, and the date of filing. Other documents
among the suggestions include assignments of judgment, substitutions of appearance,
and writs of scire facias.
Transcripts of Record,
[ca. 1786-1820].
(2 folders)
{series #33.110} [Holdings]
Arranged alphabetically by surname of plaintiff.
Copies of docket entries which are certified by the Prothonotary of the Supreme
Court of Pennsylvania. These copies would be sent along to the next level in
the judiciary system. This could have been the High Court of Errors and Appeals.
Materials copied include deeds, answers, pleas, interrogatories, agreements
and judgments. Information typically provided includes names of plaintiff, defendant,
attorneys, and the Prothonotary; their occupations, type of pleas entered, amount
of debt involved, and the judgment of the court.
Transferred Case Dockets,
1950-1985.
(1 box, 3 volumes)
{series #33.190} [Holdings]
Grouped chronologically by year of court term, thereunder arranged chronologically
by date appeal was docketed. This order results in dockets being arranged numerically
by docket number.
Indexed internally alphabetically by case name.
Transfer dockets of the Eastern District of the Supreme Court for cases appealed
from the Western District and the Middle District. The type of information provided
is the docket number, the title of the case, the date originally argued, the
court and court term from which appealed, the name of the judge in the lower
court, the date on which the appeal was allowed, the date the notice of appeal
was docketed, the names, addresses, and telephone numbers of the attorneys for
the appellant and the appellee, and a brief record of the filings and proceedings.
Trial Lists,
1787-1794, 1798-1828.
(21 folders)
{series #33.111} [Holdings]
Arranged chronologically by date of session.
Lists of trials and argument cases which were used as an "in-house" method of
controlling the daily or term-by-term operations of the Supreme Court. For each
case, the following information was recorded: term entered, names of attorneys
and parties, action or case number, and types of papers filed or actions taken
(e.g. type of writ issued, whether the record was returned, whether bail was
granted or an appearance made, whether a narrative was submitted, and the type
of plea entered). A much more structured way of compiling and controlling this
information was instituted after 1800. Related documents filed include Trial
Lists for Philadelphia County, Lists for Special Jury Trials, Nisi Prius Lists,
Lists of Jurors for Nisi Prius, Distringas, and an Estreat List for September
29, 1781 to April 10, 1782. Some lists may mention the county in which the cause
was originally heard.
Trial Lists of County Causes,
1797-1807.
(9 folders)
{series #33.112} [Holdings]
Arranged chronologically by date of list.
Lists of court cases brought before various county courts in Pennsylvania kept
by the Supreme Court for reference and tracking purposes. Some lists are entitled
"Lists of Arguments in Actions Removed from the Different County Courts of Common
Pleas in the State of Pennsylvania (except that of Philadelphia City) to the
Supreme Court," while others bear the title "Lists for Philadelphia County Actions."
These lists follow the development of cases from the county courts to the highest
state level. Information provided includes names of parties and attorneys involved,
court term entered, case number or type of action, form of writ, type of plea
entered, and whether record returned, bail or appearance made, or a narrative
entered.
Trustee Petitions,
1825-1829.
(2 folders)
{series #33.113} [Holdings]
Arranged chronologically by date of petition.
Petitions submitted to the Supreme Court of Pennsylvania in accordance with
the Act of the General Assembly (1825) entitled "An Act to Prevent the
Failure of Trustees." According to this act, the Supreme Court was to have power
to grant relief in equity in all cases of transfer insofar as regarded the appointment
of trustees due to death, infamy, lunacy, or the inability or refusal of the
original trustee(s) to fulfill their duties, or in cases where the estate was
not conveyed in the first place. According to law, persons with an interest
in an estate or trust could petition the court which would appoint the trustees.
Besides the petitions, documents filed include copies of wills, court orders,
citations, renunciations and statements. Information obtainable includes names
of petitioner, decedent, original and newly nominated trustees, and attorneys
involved; reasons the trusteeship was transferred; and the location and value
of the real and personal property making up the estate.
Verdict Papers,
1804-1812 & undated.
(7 folders)
{series #33.114} [Holdings]
Arranged chronologically by term and case number.
Written verdicts which were delivered privately to the judge by the jury, known
also as "privy verdicts." Other types of documents found include agreements,
cases stated, and a rule to show cause. Information provided includes date of
verdict, signatures of jurors, amount awarded, and to whom. Of particular interest
are the cases involving the Bank of North America (1804) and the Lancaster and
Susquehanna Insurance Company (1812).
Warrant of Attorney Dockets,
1795-1874.
(1 box, 7 volumes)
{series #33.115} [Holdings]
Arranged chronologically by date of judgment.
A warrant of attorney is more specific than a letter or power of attorney, in
that it is addressed to one or more attorneys authorizing them to appear in
any court or in some specified court on behalf of a client to confess judgment
in an action of debt, and contains a stipulation not to bring any writ of error
or file a bill in equity. The defendant confessing judgment may also enter this
warrant without an attorney by filing it with the Prothonotary. The Warrant
of Attorney Dockets contain records of those cases in which such a warrant was
entered and judgment confessed. Information provided includes names of plaintiff,
defendant, and warranted attorney(s); amount of debt; notations of other papers
filed; and date of confession of judgment. Some dockets contain actual warrants.
Writs of Ad Quod Domnum,
1792-1795.
(1 box)
{series #33.116} [Holdings]
Arranged chronologically.
Writs issued from the Supreme Court to a County Sheriff, directing him to assess,
with the help of a jury, the total damage to a particular person's property
incurred by the development of a highway or canal. After the issuance of the
writ, a notice of valuation was drawn up for the holder, and after the inspection,
a report was filed. Besides writs, notices and reports, other documents in these
files include certificates of a struck jury, soldiers' pension claims, appraisals,
and extracts of inquisitions. Most of the cases represented involve the Schuylkill
and Susquehanna Navigation Company, which was given jurisdiction to survey the
waters of the Tulpehoccon, Quitapahilla and Swatara, in the counties of Berks
and Dauphin (Tulpehoccon, Heidelberg and Lebanon townships), to effect a navigation
canal between the Schuylkill and Susquehanna serviceable by roads and tracks.
From 1794-1795, the cases concern another company, Delaware and Schuylkill Navigation,
which was working on the construction of a similar canal between the Delaware
and Schuylkill Rivers in Philadelphia County. Information generally provided
for each case includes names of property holder, sheriff, jurors and company
involved; the location, and description of the property inspected; and a valuation
of damages.
Writs of Error,
1785-1804, 1828-1861, 1865-1866.
(13 cartons)
{series #33.117} [Holdings]
Arranged chronologically by date of return.
Writs issued from or to the Supreme Court. Some (1785-1804) were returnable
to the High Court of Errors and Appeals while others were directed to district
and county courts. These writs ordered lower court judges to send the record
of a case to the appropriate appellate jurisdiction, in order that the higher
court might correct an error in procedure, in law, or possibly in fact if that
fact would affect the decision. Besides the writs, pleas, copies of wills, depositions
and Register's Court appeals can be found in these files. Information provided
about each case includes names of defendant, plaintiff, executor, and various
family members or assignees for estates; real and personal property involved;
amounts of debts; the legal basis for the appeal; and its associated statement
about the case.
Writs of Habeas Corpus and Petitions, 1771-1863.
(2 cartons)
{series #33.118} [Holdings]
Arranged chronologically by date of filing.
The petitions were originally made to the Chief Justice of the Supreme Court,
requesting that he issue a writ of habeas corpus which would then allow the
petitioner to appear before the court to inquire into the legality of his confinement.
Information provided by the petitions and their accompanying writs includes
names of petitioner (detainee), reason for detention (including robbery, desertion,
going AWOL, and not re-enlisting after being paid to do so), filing date, and
action taken by the court. Other documents filed include manumissions, paper
books, memoranda, processes, enlistment papers, and witness lists. Individuals
named may include those in charge of jails and workhouses, military commanders
of the Revolution, and a Vice Council of France. Most of the cases represented
relate either to military affairs or slave holdings. Of special interest are
documents from the state of Rhode Island. A related series is Writs
of Habeas Corpus for Black Slaves and Indentured Servants, 1784-1787, {series
#33.119}. Many of the writs provide such information as name of slave,
place of residence, name of master, type of crime, and sometimes particulars
concerning the slave's familial relationships, occupation, and purchase.
Writs of Habeas Corpus for Black Slaves and Indentured
Servants,
1784-1787.
(2 folders)
{series #33.119} [Holdings]
Arranged chronologically by date of writ.
This series was separated out from Writs of Habeas Corpus
and Petitions, 1771-1863 {series #33.118}. The documents were filed
with the Supreme Court, Eastern District, and contain diverse data that vary
with each writ. Many of the writs provide the slave's name, place of residency
and name of master. In some instances familial relationships are depicted and
particulars are entered about where the slave worked and when he or she was
purchased.
Writs of Inquiry,
1780-1826.
(12 folders)
{series #33.120} [Holdings]
Arranged chronologically.
A writ of inquiry was akin to an actual inquisition, and was issued on behalf
of the plaintiff in a case where the defendant had let the proceedings go by
default (i.e., refused to confess that the amount claimed in the plaintiff's
declaration was correct), and an interlocutory judgment had been given for damages
not readily calculable. The plaintiff would begin the process by submitting
a praecipe to the court, which would then issue the proper writ of inquiry to
the Sheriff of the county where the vendue had been laid, requiring him to enlist
twelve inquisitors, and act as judge in a jury trial to assess the damages.
Included in these files are writs, inquisitions, wills, copies of bills, land
drawings, replications, pleas, narratives, demurrers to evidence and articles
of agreement. Information provided includes names of plaintiff, defendant, Sheriff,
and inquisitors involved, the nature of the action, the type of property damaged,
and amount of damage calculated.
Writs of Removal,
1787-1812.
(4 cartons)
{series #33.121} [Holdings]
Arranged chronologically by date of writ.
There is no document actually entitled "Writ of Removal." Rather, various types
of writs were used to remove cases from inferior courts to the Supreme Court
of Pennsylvania depending on the circumstances. Types of writs in these files
include habeas corpus, certiorari and error. Other documents found include bills
of exception, grand jury inquests, judgments of the Mayor's Court, and summonses.
Information provided by these documents includes names of plaintiff, defendant,
mayor and aldermen (of Philadelphia), and grand jury inquisitors involved; the
original cause; the inferior court; and the reason for removal. Inferior courts
mentioned include the Court of Common Pleas, the Mayor's Court of Philadelphia,
and the District Court for the City and County of Philadelphia. For laws dealing
with the process of removal, see Statutes-at-Large for Pennsylvania, 1799.
Writs for Valuation of City Lots,
1792-1811.
(3 folders)
{series #33.122} [Holdings]
Writs issued out of the Supreme Court of Pennsylvania, in accordance with Section VII of Chapter 1142 of Pennsylvania Laws, to persons claiming a right to city land because of their status as rightful owners of property which had already been appropriated or developed by the city. However, a claimant could only petition the Court for such a writ after a decision within the Supreme Executive Council by the president or vice president. The writs directed the appropriate Sheriff to appoint a twelve man jury to assign to the claimant "as much of the said unappropriated lots within the city as shall, in their judgment,......be equal in value to the lots claimed. Included with the petitions may be writs, inquests, and decrees of the council. Information normally provided includes names of claimant, original purchaser of property (from whom claimant was usually descended), other family members involved, neighbors, inquisitors, and sheriff; location, description and dimensions of property in question; and the date it was purchased and for what price. Of particular interest is the case involving the Trustees of the University of Pennsylvania (1799). For further information, consult records held by the Division of Land Records, such as original purchases or warrants.
| PA State Archives | Hours, Directions, & Fees | Research Topics | Finding Aids for Collections | Land Records |