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A legal history of The Church of Jesus Christ of Latter-day Saints, 1830–1900 is in: | A legal history of The Church of Jesus Christ of Latter-day Saints, 1830–1900 is in: | ||
Firmage, Edwin Brown and Richard C. Mangrum. ''Zion in the Courts''. Urbana Illinois: University of Illinois Press, 1988. (Family History Library {{ | Firmage, Edwin Brown and Richard C. Mangrum. ''Zion in the Courts''. Urbana Illinois: University of Illinois Press, 1988. (Family History Library {{FSC|632008|title-id|disp=book 289.309 F516z}}.) This book covers the time period when Church and civil courts overlapped. It is indexed and includes a bibliography. | ||
=== Provisional Government of the State of Deseret (1849-1850) === | === Provisional Government of the State of Deseret (1849-1850) === | ||
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'''Territorial Supreme Court.''' The Utah Territorial Supreme Court had jurisdiction over extraordinary writs and appeals from district courts. The [[Utah State Archives|Utah State Archives]] has records plus a [http://archives.utah.gov/research/guides/courts-supreme.html research guide] on how to use them. The Family History Library has: | '''Territorial Supreme Court.''' The Utah Territorial Supreme Court had jurisdiction over extraordinary writs and appeals from district courts. The [[Utah State Archives|Utah State Archives]] has records plus a [http://archives.utah.gov/research/guides/courts-supreme.html research guide] on how to use them. The Family History Library has: | ||
''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library {{ | ''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library {{FSC|41801|title-id|disp=film 491567}}.) These papers cover 1853 to 1873. This collection contains a few supreme court records that were sent to Washington, D.C. | ||
'''Territorial district courts.''' In 1850, the Utah Territory was divided into three judicial districts. Each county was assigned to a district. A fourth district was added in 1892. To determine which district a county is in at a particular time, consult this [http://archives.utah.gov/research/guides/courts-jurisdiction.htm Historical Jurisdiction Chart] from the Utah State Archives. Judges held court on a rotating basis in the counties. The district courts had jurisdiction over criminal, civil, and common law cases, including chancery, mining claim controversies, naturalization, estate settlements, guardianships, adoptions, divorces, and violation of polygamy laws. | '''Territorial district courts.''' In 1850, the Utah Territory was divided into three judicial districts. Each county was assigned to a district. A fourth district was added in 1892. To determine which district a county is in at a particular time, consult this [http://archives.utah.gov/research/guides/courts-jurisdiction.htm Historical Jurisdiction Chart] from the Utah State Archives. Judges held court on a rotating basis in the counties. The district courts had jurisdiction over criminal, civil, and common law cases, including chancery, mining claim controversies, naturalization, estate settlements, guardianships, adoptions, divorces, and violation of polygamy laws. | ||
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The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has primarily polygamy cases removed from Utah courts in the 19th century. | The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has primarily polygamy cases removed from Utah courts in the 19th century. | ||
United States District Court (Utah). ''Case Files of the U.S. District Courts for the Territory of Utah 1870-1896''. National Archives Microfilm Publications, M1401. Washington, D.C.: National Archives, 1985. [http://www.fold3.com Fold3.com] $ [[Utah, Territorial Case Files of the U.S. District Courts - FamilySearch Historical Records|(index)]] has copies of the Utah Territorial Case files digitized from the Denver Branch of the National Archives. {{ | United States District Court (Utah). ''Case Files of the U.S. District Courts for the Territory of Utah 1870-1896''. National Archives Microfilm Publications, M1401. Washington, D.C.: National Archives, 1985. [http://www.fold3.com Fold3.com] $ [[Utah, Territorial Case Files of the U.S. District Courts - FamilySearch Historical Records|(index)]] has copies of the Utah Territorial Case files digitized from the Denver Branch of the National Archives. {{FSC|479948|title-id|disp=films 1616325-62}}. These records are indexed by defendant and plaintiff on the first film. The index lists the individual's name, the case file number and the microfilm roll number. The cases were rearranged alphabetically by the initial letter of the defendant's last name then renumbered and are not chronological. <br> | ||
The responsibilities of the territorial district courts were transferred in 1896 to the state district courts. | The responsibilities of the territorial district courts were transferred in 1896 to the state district courts. | ||
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One example is a journal of Elias Smith, a probate judge for Salt Lake County between 1852 and 1882. In his journals he wrote about the court cases where he ruled, and marriages he performed. It is not indexed. See: | One example is a journal of Elias Smith, a probate judge for Salt Lake County between 1852 and 1882. In his journals he wrote about the court cases where he ruled, and marriages he performed. It is not indexed. See: | ||
''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (Family History Library {{ | ''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (Family History Library {{FSC|324822|title-id|disp=films 00424-25.)}} | ||
'''Justice of the peace courts'''. Justices of the peace performed marriages and had limited jurisdiction for civil and criminal cases and small claims. Appeals were made to the probate courts until 1874 and to the federal district courts after that date. A justice of the peace could have served a county, precinct, city, or town. The territorial records overlap with the state justice of peace records described below. Many of the records have been destroyed or are difficult to locate. You may check with the court for the records. If they are not available at the court, the records could be with the personal papers of the justice of the peace. These may be found in libraries, family possession, or museums. | '''Justice of the peace courts'''. Justices of the peace performed marriages and had limited jurisdiction for civil and criminal cases and small claims. Appeals were made to the probate courts until 1874 and to the federal district courts after that date. A justice of the peace could have served a county, precinct, city, or town. The territorial records overlap with the state justice of peace records described below. Many of the records have been destroyed or are difficult to locate. You may check with the court for the records. If they are not available at the court, the records could be with the personal papers of the justice of the peace. These may be found in libraries, family possession, or museums. | ||
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