Series 373
Salt Lake County (Utah). Probate Court Civil and criminal case files
Dates: 1852-1887.
39 microfilm reels
These records are housed in the Utah State Archives' permanent storage room.
Historical Note
An agency history is available.
Scope and Content
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 cases handled by the Probate Court which are not probate or estate cases. Civil cases include primarily divorce, debt, replevin, damages, delinquent tax collections, contract and property disputes, evictions, and other case types. Criminal cases include murder, larceny, rape, robbery, assault, burglary, and contempt of court charges, as well as others. Other case types include appeals, habeas corpus hearings, and inquests into deaths. In 1874, the federal Poland Act revoked the jurisdiction
Research Note
For cases prior to 1872, the numbers written in ink on the top right corner of most documents were case numbers assigned to the files sometime after creation and prior to processing. These case numbers are not supported by the minute books, minute book indexes, or by the case documents themselves which frequently include different case numbers on documents belonging to only one case file, or one case number on documents belonging to several different cases. These numbers should be ignored as they do not reflect the original order of the case files. For the most part, case files are not complete pictures of the case. Many motions and judgments that today would be represented by a separate document were only recorded in the minutes. In many instances, the disposition of the case was not kept as a distinct document and so cannot be found in these files. Some of the documents filed may not have survived, so the user is advised to consult series 3944, CIVIL AND CRIMINAL CASE DOCKET BOOKS
for additional information. Cases involving the same individuals in close time frames may have documents relevant to both cases in only one file, that usually being the first one.
Research Note
For cases prior to 1872, the numbers written in ink on the top right corner of most documents were case numbers assigned to the files sometime after creation and prior to processing. These case numbers are not supported by the minute books, minute book indexes, or by the case documents themselves which frequently include different case numbers on documents belonging to only one case file, or one case number on documents belonging to several different cases. These numbers should be ignored as they do not reflect the original order of the case files. For the most part, case files are not complete pictures of the case. Many motions and judgments that today would be represented by a separate document were only recorded in the minutes. In many instances, the disposition of the case was not kept as a distinct document and so cannot be found in these files. Some of the documents filed may not have survived, so the user is advised to consult series 3944, CIVIL AND CRIMINAL CASE DOCKET BOOKS
for additional information. Cases involving the same individuals in close time frames may have documents relevant to both cases in only one file, that usually being the first one.
Images Available
Copies of these records are located at Ancestry.com (index only) View Online.
Copies of these records are located at FamilySearch View Online.
Access Restrictions
This series is designated as Public.
Reproduction and Use
These records are available for reproduction and use.
Finding Aids
Indexes: An electronic index to the parties in each case has been created by the Archives, covering from 1852 thru 1887. View index.
Related Records
Civil and criminal case minute books from Salt Lake County (Utah). Probate Court, Series 3939, documents the daily proceedings of the Court in these matters for the years 1860 through 1884.
Civil and criminal case docket books from Salt Lake County (Utah). Probate Court, Series 3944, acts as records of actions to most cases between the years of 1852 and 1887. The earliest volumes in this series constitute a record of the proceedings in the cases and are more detailed.
Miscellaneous case files from Salt Lake County (Utah). Probate Court, Series 27372, contains other case files created by the court.
Indexing Terms
Divorce suits--Salt Lake County (Utah).
Post-conviction remedies--Salt Lake County (Utah).
Salt Lake County (Utah)--Trials (Divorce).
Salt Lake County (Utah)--Actions and defenses--Cases.
Salt Lake County (Utah)--Criminal courts.
Salt Lake County (Utah)--Habeas corpus.