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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. ( | Firmage, Edwin Brown and Richard C. Mangrum. ''Zion in the Courts''. Urbana Illinois: University of Illinois Press, 1988. (FamilySearch 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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This was an era of conflict between Latter-day Saint settlers and federal officials. Latter-day Saints 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 Latter-day Saint settlers and federal officials. Latter-day Saints 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. | ||
'''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 | '''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 FamilySearch Library has: | ||
''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? ( | ''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (FamilySearch 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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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. ( | ''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (FamilySearch 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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Early records of the district court were sent to the [http://www.archives.gov/denver/ National Archives—Denver Branch]. Recent records are at the [http://www.archives.gov/kansas-city/ Central Division Office] which also has the docket books from the 1920s to the present plus naturalization records. | Early records of the district court were sent to the [http://www.archives.gov/denver/ National Archives—Denver Branch]. Recent records are at the [http://www.archives.gov/kansas-city/ Central Division Office] which also has the docket books from the 1920s to the present plus naturalization records. | ||
Original court records are usually found at the county clerk's or court recorder's office. Check the Internet for the current addresses and jurisdictions of courts. City directories also give addresses and phone numbers for the courts. Many records have been sent to the Utah State Archives. The | Original court records are usually found at the county clerk's or court recorder's office. Check the Internet for the current addresses and jurisdictions of courts. City directories also give addresses and phone numbers for the courts. Many records have been sent to the Utah State Archives. The FamilySearch Library has copies of some records. Court records available in the library are listed in the catalog under varying topics. Many times the records from the different types of courts are kept together and overlap time periods. Most records will be found under each topic they cover. They may be found in the Place Search of the FamilySearch Catalog under: | ||
UTAH - COURT RECORDS | UTAH - COURT RECORDS | ||
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