Inventory of Minute books from District Court (First District), 1851-1896.

Series 10035

District Court (First District) Minute books

Dates: 1851-1896.

0.20 cubic foot and 5 microfilm reels

These records are housed in the Utah State Archives' permanent storage room.

Original records are held by District Court (First District) and Custody of the northern division minute books and other records kept in Ogden were transferred to the new Fourth District Court in 1892 and are linked to that creating agency. The southern division remained in the First District. Original records created by the District Court in Utah County have not been transferred to the Utah State Archives and are retained by the court or in the Utah County Records Center. Cases still pending at statehood were transferred to the district court in the county of origin..

Historical Note

An agency history is available.

Scope and Content

This series is made up of minute books which record the official acts and proceedings of court terms held throughout the first judicial district. These records were created and maintained by the court clerk, who was required by statute to keep a record of proceedings (Compiled Laws of Utah, 1876, sections 1062 and 1065).

The minutes are a daily, handwritten record of documents filed and actions taken with regard to every matter brought before each session of the court, largely regarding documents submitted, appearances before the court, and orders issued. A typical case spans multiple dates. Minutes are not transcripts, but do include a brief description of the hearing, including the title of case, case number, names of attorneys, date of each development in the case, record of witnesses and evidence introduced, what pleadings, petitions, or motions were made and by whom, and summaries of injunctions, rules, orders, verdicts, and judgments. Administrative details and meeting logistics(such as the court site, officers present, the selection and dismissal of jurors, and scheduling and assigning cases) may be noted. These minute books document the legal process and the administration of justice.

The territorial governor issued proclamations fixing terms of the first district court in each calendar year, typically Utah and Weber counties. Special terms occasionally were held in other counties throughout the district, i.e., Green River County (Book A) and Sanpete County (Book 7). The First District Court was divided into two geographic divisions from 1880-1892. The Northern Division, which typically met at Ogden in Weber County, included Box Elder, Cache, Morgan, and Weber counties. The Southern Division, which generally sat at Provo in Utah County, encompassed Carbon, Emery, Grand, Juab, Millard, San Juan, Sanpete, Sevier, Uintah, Utah, and Wasatch counties. Situated between the northern and southern divisions of the First District Court was the Third District Court(Davis, Salt Lake, Summit, and Tooele counties). The northern division became the newly created fourth judicial district in 1892.

According to federal and territorial statutes, the district court has jurisdiction in all matters not prohibited by law. The majority of these cases are civil matters. Suits to recover money owed to plaintiffs are the predominant type of action. These proceedings arise out of failure to honor promissory notes or other contract terms and non-payment of rent, lease payments, and court-ordered judgments. Petitions for divorce are also common. Other routine legal actions include voluntary withdrawal or dissolution of corporations as well as petitions for a writ of habeas corpus (a court order requiring that a prisoner be brought before a judge to decide the legality of his detention or imprisonment). Criminal matters may involve larceny, trespass, burglary, robbery, assault, battery, rape, prostitution, sodomy, gambling, narcotics, riot, perjury, ormurder.

The district court was restricted to adjudication of actions involving real property located within the judicial district, those in which the defendant resides within the judicial district, and those involving incidents occurring within the judicial district. The court's appellate jurisdiction extends to all cases arising in probate, justice's, or U.S. Commissioner's court. Upon receipt of an appeal, the district court conducted a complete retrial of the case. Certified copies of pertinent court documents were provided to the district court while the inferior court retained the original documents in its case file.

Gaps in Series

Two large gaps exist in Archives's holdings. A 7-year gap occurs between the end of Book A (May 22, 1858) and the beginning of Book B (July 12, 1865). A 17-year gap for the southern division (Utah County) exists between the end of Book B (July 17, 1873) and the beginning of Volume 5 (October 28, 1890).

Research Note

Criminal information and indictment records from both the northern and southern divisions may be included in the district court's grand jury records (1883-1895). Naturalization record books show further documentation of the naturalization of aliens. For appeals to the district court the lower court records should be checked, as should the Territorial Supreme Court for appeals from the district court. At statehood in January 1896, district courts were established in each county. These courts began recording minutes of cases heard at the county seat.??Utah County presumably retains custody of the following records listed in the Preliminary Inventory of the County Archives of Utah, vol. 25, Utah County (circa January 1940): Probate Minute Book, January 1885-circa 1940; Minutes of the Grand Jury, February 1884-December 1895; Criminal Register of Actions, September 1874-April 1887, July 1888-circa 1940; Civil Cases, October 1870-circa 1940; Civil Register of Actions, October 1870-circa

1940; and Index to Civil Register of Actions, October 1870-circa 1940.

Research Note

Minutes of the 1851 case pertaining to Pedro Leon and the Indian slave trade are included in this series (Journal, October 6, 1851-February 22, 1856).

Research Note

Criminal information and indictment records from both the northern and southern divisions may be included in the district court's grand jury records (1883-1895). Naturalization record books show further documentation of the naturalization of aliens. For appeals to the district court the lower court records should be checked, as should the Territorial Supreme Court for appeals from the district court. At statehood in January 1896, district courts were established in each county. These courts began recording minutes of cases heard at the county seat.??Utah County presumably retains custody of the following records listed in the Preliminary Inventory of the County Archives of Utah, vol. 25, Utah County (circa January 1940): Probate Minute Book, January 1885-circa 1940; Minutes of the Grand Jury, February 1884-December 1895; Criminal Register of Actions, September 1874-April 1887, July 1888-circa 1940; Civil Cases, October 1870-circa 1940; Civil Register of Actions, October 1870-circa

1940; and Index to Civil Register of Actions, October 1870-circa 1940.

Research Note

Minutes of the 1851 case pertaining to Pedro Leon and the Indian slave trade are included in this series (Journal, October 6, 1851-February 22, 1856).

Access Restrictions

This series is designated as Public: Public..

Reproduction and Use

These records are available for reproduction and use.

Finding Aids

Indexes: Except for the Journal spanning October 6, 1851-February 22, 1856, the minute books in this series are self-indexed, covering from December 7, 1851 thru January 4, 1896.

Related Records

Southern division criminal case files from the District Court (First District), Series 1521, include detailed information about matters coming before the district court.

Northern division civil and criminal case files from the District Court (First District), Series 1529, include detailed information about matters coming before the district court.

Minute books from the District Court (Fourth District), Series 5062, record minutes of district court sessions conducted in Weber County following removal of the northern division of the first district court and creation of the territorial fourth district court in 1892.

Indexing Terms

Utah. District Court (First District)--Administration.

Crime--Utah.

Justice, Administration of--Utah.

REELBOXDESCRIPTION
111851 Oct 06 - 1856 Feb 22: Journal
2NA1851 Dec 07 - 1858 May 22: Book A
2NA1865 Jul 12 - 1873 Jul 17: Book B
3NA1890 Oct 28 - 1892 Dec 28: Book 5
3NA1892 Dec 29 - 1894 Jul 07: Book 6
4NA1894 Jul 09 - 1896 Jan 04: Book 7