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Library of Virginia
The Library of Virginia© 2010 By The Library of Virginia. All Rights Reserved.
Processed by: Description staff
These materials are available on microfilm and should be served instead of the originals:
Series I: Ended cases, restored, 1790-1800 (Misc. reels 658-669)
Series III. Index to ended cases, 1790-1861 (Misc. reel 3959)
Series VI. Fee books, 1835-1843 (Misc. reel 3943)
Series VII. Order books, 1790-1831 (Misc. reels 3944-3948)
Series VIII. Record books, 1791-1834 (Misc. reels 3949-3958)
Series IX. Rule books, 1790-1845 (Misc. reel 812)
There are no restrictions.
United States Circuit Court (5th Circuit). Court records, 1790-1882. Accession 25186. Federal records collection, The Library of Virginia, Richmond 23219.
Transferred to the Library by the authority of and in accordance with an Order in the United States District Court for the Eastern District of Virginia, Richmond, Virginia, 6 March 1952.
The Circuit Court for the District of Virginia was set up under the Judiciary Act of 1789. The court had both original and appellate jurisdiction. The original jurisdiction was concurrent with Statute courts in all suits of civil nature both at common law and equity where the amount in controversy exceeded $500 and where the United States was a plaintiff. The circuit court also had jurisdiction over all suits involving major criminal offenses against the laws of the United States, all suits where an alien was a party, and all suits between citizens of different states. It also reviewed the decrees of the district courts in civil actions where the amount in controversy was more than $500. The appellate jurisdiction of the court was transferred to the newly created circuit courts by an act of 3 March 1891 (26 Stat. 826), which established a circuit court of appeals (United States Court of Appeals) in each circuit. The Judicial Code of 1911 abolished the circuit courts as of 1 January 1912, and transferred their remaining jurisdiction and records to the district courts. [U.S. National Archives and Records Administration: U.S. District Courts Finding Aid, Virginia, 2001]
Records, 1790-1882, of the 5th Circuit of the United States Circuit Court (now United States Court of Appeals for the Fourth Circuit) including case files, docket books, execution books, fee books, order books, record books, and rules books. Of note are the Ended Cases, 1790-1882, which include bills of complaint, affidavits, depositions, subpoenas, and other papers filed with the court. Cases of note include United States vs. Aaron Burr (1807), United States vs. Jefferson Davis (1865-1868), and George Washington Custis Lee vs. Frederick Kaufman et als (1877-1882), regarding Arlington Estate, the Lee family home. Records also include indictments of John C. Breckinridge (1866) and of various Confederate officers (1865) which are located with the Jefferson Davis records.
This collection is arranged into the following series:
Series I. Ended cases, restored, 1790-1882 Series II. Ended cases, unrestored, 1790-1861 Series III. Index to ended cases, 1790-1861 Series IV. Docket books, 1819-1828 Series V. Execution books, 1791-1805 Series VI. Fee books, 1835-1843 Series VII. Order books, 1790-1831 Series VIII. Record books, 1791-1834 Series IX. Rule books, 1790-1845These records include bills of complaint, answers, affidavits, depositions, reports of special masters, writs of injunctions, warrants and subpoenas, exhibits and other papers filed with the court. The Ended cases are organized by Restored (conserved) and Unrestored (not conserved). The Restored Ended Cases have been conserved, barrowed, and are bound in pamphlet cases. An index is available to all the Ended cases (also available on Misc. reel 3959). Cases of note include: United States vs. Aaron Burr (1807); John Mercer et als vs. Selden's extx et als. (1840); United States vs. Jefferson Davis (1865-1868); and George Washington Custis Lee vs. Frederick Kaufman et als. (1877-1882).
Arranged in two subseries by box size and within each subseries chronologically. Subseries 1: Legal size, Subseries 2: Oversize.
U.S. vs. Aaron Burr
U.S. vs. Aaron Burr (photostat volume)
John Mercer et als vs. Selden's extx et als.
U.S. vs. Jefferson Davis (volume includes indictments of John C. Breckinridge and of various Confederate officers)(photostats and bound photostat volume; originals in Box 27)
These records include bills of complaint, answers, affidavits, depositions, reports of special masters, writs of injunctions, warrants and subpoenas, exhibits and other papers filed with the court. The Ended cases are organized by Restored (conserved) and Unrestored (not conserved). The Unrestored Ended Cases are not conserved and should be handled with care. An index is available to all the Ended cases (also available on Misc. reel 3959).
Cases of note include: Archibald Freeland vs. Heron, Lenox and Company (1809); Archibald and Jon Hamilton surviving partners vs. Williams executrix and Clay (1821); J.J. Tucker vs. Marine Insurance Company of Norfolk (1823); and Miller vs. Grinnan's executor (1858). Also of note are the Clerk of Court Correspondence, 1829-1857.
Arranged in three subseries by box size and within each subseries chronologically. Subseries 1: Legal size, Subseries 2: Oversize File I; and Subseries 3: Oversize File II.
Miscellaneous
Archibald Freeland vs. Heron, Lenox and Company
NOTE: Item, "A Confession of Faith," 1743, from Baptist Association v. Hart's EXOR, 1819, was taken from this box, has been conserved, and can be located in Infolinx as record barcode #0007421142.
Archibald and Jon Hamilton surviving partners vs. Williams executrix and Clay
Miller vs. Grinnan's executor, files 1-5
Miller vs. Grinnan's executor, files 6-10
J.J. Tucker vs. Marine Insurance Company of Norfolk
These volumes index all the ended cases, 1790-1861, restored and unrestored. The index is also available on microfilm, Misc. reel 3959.
The volume entries include the name and number of the case, nature of the case, name of attorneys, court costs, and a chronological list of filings and proceedings in the case. Also included is an index.
The volume entries include the date of the case, kind of action, name of attorney and names of parties in the case, amount of the debt, to whom the execution was delivered and information about its return to the court, including the date of the return by the officer of the court. Each volume contains an index at the end of the volume.
The volume entries include a chronological listing of all fees collected by the court for filing costs, attorney fees, taxes, and copies of documents. Each entry includes the name of the case, list of fees, and short description of fees collected.
The volume entries include copies of orders and decrees in all types of cases. The information shown includes the date of the order, case title, and the name of the judge issuing the order.
The volume entries include a summary of each case, date of the case, case title, name of attorney and names of parties in the case, verdict, and settlement amount.
The volume entries include listings for each case, name of attorney, marshalls return, bail taken, plaintiff and defendant names, types of cases, and a time line of the case month by month (ie continued, plea taken, etc.).