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New York Court of Chancery

From Wikipedia, the free encyclopedia

The New York Court of Chancery was the highest court in the State of New York from 1701 to 1847.[1]

History

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The New York Court of Chancery was established during the British colonial administration on August 28, 1701, with the colonial governor acting as Chancellor. John Nanfan, the acting governor at the time, was therefore the first Chancellor. After the declaration of independence by the colonies during the American Revolutionary War, the newly established independent government created the New York State Constitution of 1777, which continued the court but required a lawyer to be appointed Chancellor.[2] It was the court with jurisdiction on cases of equity in the state of New York from 1777 to 1847. It served also as a court of appeal which reexamined cases decided by the New York Supreme Court.[3]

The Chancellor of New York, during the existence of the post, was the highest judicial officer in the state.[4] From 1777 to 1822, he was an ex officio member of the Council of Revision. The Chancellor was also an ex officio member of the Court for the Trial of Impeachments and Correction of Errors in which his decisions could be appealed.[1]

1847 Abolition

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The Court of Chancery was abolished by the New York State Constitutional Convention of 1846, which reorganized the New York state judicial system. This became effective on July 5, 1847, when its equity jurisdiction was transferred to the New York Supreme Court and its appellate jurisdiction was transferred to the New York Court of Appeals. The Chief Judge of the Court of Appeals succeeded the Chancellor as the Head of the State's judicial system.[3]

List of Chancellors of New York

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The following were the Chancellors of the State Court of Chancery:[5]

No. Image Name Term Ref.
1 Robert R. Livingston 1777–1801 [6]
2 John Lansing Jr. 1801–1814 [7]
3 James Kent 1814–1823 [8]
4 Nathan Sanford 1823–1826 [9]
5 Samuel Jones 1826–1828 [10]
6 Reuben H. Walworth 1828–1847 [11]

See also

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References

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  1. ^ a b "New York Court of Chancery, 1683-1846". nycourts.gov. New York Courts. Retrieved 6 April 2018.
  2. ^ Scott, Henry Wilson (1909). The Courts of the State of New York: Their History, Development and Jurisdiction. The Lawbook Exchange, Ltd. p. 270. ISBN 9781886363847. Retrieved 6 April 2018.
  3. ^ a b Hough, A.M., M.D., Franklin Benjamin (1858). The New York Civil List: Containing the Names and Origin of the Civil Divisions, and the Names and Dates of Election or Appointment of the Principal State and County Officers from the Revolution to the Present Time. Albany, NY: Weed, Parsons and Co., Publishers. Retrieved 6 April 2018.{{cite book}}: CS1 maint: multiple names: authors list (link)
  4. ^ Frusciano, Thomas J.; Pettit, Marilyn H. (1997). New York University and the City: An Illustrated History. Rutgers University Press. p. 59. ISBN 9780813523477. Retrieved 6 April 2018.
  5. ^ "Historical Society of the New York Courts | New York Legal History / Biographies : New York State Court of Chancery". www.nycourts.gov. New York Courts. Retrieved 6 April 2018.
  6. ^ "Robert R. Livingston | Chancellor of New York, 1777-1801". nycourts.gov. New York Courts. Retrieved 6 April 2018.
  7. ^ "John Lansing Jr. | Associate Justice of the Supreme Court, 1790-1798 Chief Justice, 1798-1801". nycourts.gov. New York Courts. Retrieved 6 April 2018.
  8. ^ "James Kent | 1763-1847 Associate Justice of the New York Supreme Court: 1798-1804 Chief Justice of New York: 1804-1814 Chancellor of New York: 1814-1823". nycourts.gov. New York Courts. Retrieved 6 April 2018.
  9. ^ "Nathan Sandford | Chancellor of New York, 1823-1826". nycourts.gov. New York Courts. Retrieved 6 April 2018.
  10. ^ "Samuel Jones Jr. | Chancellor of New York, 1826-1828". nycourts.gov. New York Courts. Retrieved 6 April 2018.
  11. ^ "Reuben Hyde Walworth | Chancellor of New York, 1828-1847". nycourts.gov. New York Courts. Retrieved 6 April 2018.