56
edits
Updated for more accurate terminology.
Ginastrack (talk | contribs) (Replaced slight misinformation with common record types.) |
Ginastrack (talk | contribs) (Updated for more accurate terminology.) |
||
| Line 29: | Line 29: | ||
=== Territory of Utah (1850-1896) === | === Territory of Utah (1850-1896) === | ||
When the territory was created in 1850, the Utah Supreme Court, | When the territory was created in 1850, the Utah Supreme Court, territorial district courts, county probate courts, and justice of the peace courts were established. They began functioning 22 September 1851. | ||
This was an era of conflict between Mormon settlers and federal officials. Mormons tended to continue using the Church courts and local probate courts. Many polygamy cases of the 1870s and 1880s were drawn into the federal district courts. | This was an era of conflict between Mormon settlers and federal officials. Mormons tended to continue using the Church courts and local probate courts. Many polygamy cases of the 1870s and 1880s were drawn into the federal district courts. | ||
'''Supreme Court.''' The Utah Supreme Court had jurisdiction over extraordinary writs and appeals from | '''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 {{FHL|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. | ''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library {{FHL|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. | ||
The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has | 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, | 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. {{FHL|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 | The responsibilities of the territorial district courts were transferred in 1896 to the state district courts. | ||
'''Probate courts.''' The territorial probate courts were created in 1850 and were allowed to cover more than probate cases, such as naturalizations, adoptions, and divorces. They were given concurrent jurisdiction with the | '''Probate courts.''' The territorial probate courts were created in 1850 and were allowed to cover more than probate cases, such as naturalizations, adoptions, and divorces. They were given concurrent jurisdiction with the territorial district courts in 1852. Appeals were sent to the district courts. The Poland Act of 1874 confined the courts' jurisdiction to matters pertaining to estates, guardianships, and divorce. The Edmunds-Tucker Act of 1887 revoked their jurisdiction over divorce cases. The probate courts were abolished in 1896. | ||
Many of the records were sent to the county clerk. However, some early probate judges kept their records in their homes or offices. You may find a few of these personal collections at | Many of the records were sent to the county clerk. However, some early probate judges kept their records in their homes or offices. You may find a few of these personal collections at archives and libraries. Most are arranged by date and are not indexed. | ||
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: | ||