AGENCY: Cache County (Utah). Probate Court

SERIES: 23726
TITLE: Civil case files
DATES: 1860-1887.
ARRANGEMENT: Chronological by filing date of petition.

DESCRIPTION: In 1852 the Utah Territorial Legislature provided that the Probate Court should have jurisdiction not only in estate and guardianship matters, but original jurisdiction in civil, criminal, and chancery cases. The Probate Court could act as an appellant court to the Justice of the Peace Courts in the County, and decisions made in the Probate Court could be appealed to the District Court. This series includes those civil cases handled by the Probate Court which are not probate or estate cases. Civil cases include divorce and debt cases. In 1874 the federal Poland Act revoked the jurisdiction of the Probate Court over all but divorce and probate cases. In 1887, the federal Edmunds-Tucker act revoked Probate Court jurisdiction in divorce cases, and with that Act, the creation of this series ended.

Generally, case files include a number of discrete documents. These documents may include an initiating petition, summons and subpoenas issued to the parties in the case and to witnesses, bonds, exhibits, statements of fees, and other documents created and filed with the Court during the process of the trial action. Civil cases may include affidavits of publication of summons in those cases where the defendant was not served personally, as well as decrees detailing the disposition of the case.

RETENTION

DISPOSITION

RETENTION AND DISPOSITION AUTHORIZATION

These records are in Archives' permanent custody.

FORMAT MANAGEMENT

Paper: Retain in State Archives permanently after microfilming.

Microfilm master: Retain in State Archives permanently with authority to weed.

Microfilm duplicate: Retain in State Archives permanently with authority to weed.

APPRAISAL

Historical

This series documents divorces and other civil case files from the territorial period for Cache County, Utah.

PRIMARY DESIGNATION

Public

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