Series 83901

A separate agency history is available.

DESCRIPTION: These volumes were used to record the filing of individual documents in each case file heard by the Probate Court. The entries include the names of the parties involved in the case, names of counsel, the case type, dates on which documents were filed, and a brief description of the document. The entries act as a chronology for each individual case. Many entries also include a note if the court costs were paid in the case. Case types include criminal hearings and various types of civil suits. The Probate Court had jurisdiction over many types of actions until 1874 when 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.

The first volume also includes brief judgment records for four cases that postdate the registers of actions in the book. These entries include the case number, the parties listed as debtor and creditor, the amount of the judgment, the date of entry, and a page reference to the court minute book.

ARRANGEMENT: The entries in the first volume are arranged in rough chronological order. The entries in the second volume, volume O, are primarily arranged by first letter of the last names of the parties.

RELATED RECORDS: Series 1593, CIVIL AND CRIMINAL CASE FILES, contains documents referenced in these volumes.

FINDING AIDS: An index to the names of persons and/or corporate bodies who were parties to the actions in these files has been created. The index entries include columns for the party's name, title, whether the party was a plaintiff or defendant, the case number, the box and folder number, the case type, filing date, and opposing party. Some civil and criminal case files handled by the Probate Court are only recorded in the registers of actions books, and some are only in the case files series. Those recorded in the files only are not included in this index. Corporate names are in the surnames field, and for those persons with unknown portions of their name, the relevant field is left blank. The title field is used with names which include a designation such as Sr., Jr., or Mrs. It is also used for those cases in which a party is acting as an agent, trustee, estate executor, or in an official government capacity such as assessor or sheriff.

The field for opposing party contains only the last name of individuals. In cases in which the opposing party consists of two persons, the field contains both of their names (e.g. Jones & Smith). In the case of more than two opposing parties, the field includes the name of the first one listed on the complaint followed by an et al (e.g. Jones et al). When the opposing party consists of a partnership or business followed by the partners' names, only the business name is listed in the field.

CUSTODY HISTORY: At some point the second volume was transferred from the Probate Court to the District Court, most likely in 1896 when the estate function of the Probate Court was given to the District Court. Following this transfer the divorce cases were rearranged into alphabetical order by last name and new case numbers were assigned. It appears as if volume O was taken apart, reordered into the new case number order and filmed. No surviving hard copy of this volume has been located.

PROCESSING NOTE: This series was processed by A. B. Schmuland in October 2001.

PREFERRED CITATION: Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

GAPS: No registers of actions appear to have been created prior to 1868 though many case files from that time frame have survived.

CONTAINER LIST