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({{Utah|Utah}}) |
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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 {{FHL|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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'''Supreme Court.''' The Utah Supreme Court had jurisdiction over extraordinary writs and appeals from federal district courts. The Utah State Archives has the supreme court records. The Family History Library has: | '''Supreme Court.''' The Utah Supreme Court had jurisdiction over extraordinary writs and appeals from federal district courts. The Utah State Archives has the supreme court records. 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 {{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. | ||
'''Federal 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. Judges held court on a rotating basis in the counties. The federal 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. | '''Federal 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. Judges held court on a rotating basis in the counties. The federal 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 many polygamy cases and various other crimes. | The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has many polygamy cases and various other crimes. | ||
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. (Family History Library | 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. (Family History Library {{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. | ||
The responsibilities of the federal district courts were transferred in 1896 to the state district courts. | The responsibilities of the federal 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 {{FHL|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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The Family History Library has some records for the district courts. These includes the minutes for Uintah County for both probate and district courts. These are poorly indexed and arranged only by dates. They are: | The Family History Library has some records for the district courts. These includes the minutes for Uintah County for both probate and district courts. These are poorly indexed and arranged only by dates. They are: | ||
Utah, District Court. (Uintah County). ''Minutes of the Probate Court and of the District Court, 1887-1915''. Salt Lake City, Utah: Genealogical Society of Utah, 1966. (Family History Library | Utah, District Court. (Uintah County). ''Minutes of the Probate Court and of the District Court, 1887-1915''. Salt Lake City, Utah: Genealogical Society of Utah, 1966. (Family History Library {{FHL|628438|title-id|disp=film 481111 item 3}}.) The minutes include a wide variety of information. Most of the entries deal with wills, estates, and custody. One example from the minutes is a decision giving permission for a child to attend the Deaf and Dumb School for children with disabilities. | ||
'''Justices of the peace (1896 to present)'''. There are two classes of justices of the peace in Utah: county justices who serve in county divisions called precincts, and municipal justices who serve in cities or towns. Justices of the peace perform marriages and have jurisdiction in misdemeanors and civil cases of less than $1,000. Appeals are sent to the circuit courts. | '''Justices of the peace (1896 to present)'''. There are two classes of justices of the peace in Utah: county justices who serve in county divisions called precincts, and municipal justices who serve in cities or towns. Justices of the peace perform marriages and have jurisdiction in misdemeanors and civil cases of less than $1,000. Appeals are sent to the circuit courts. | ||