Utah Department of Administrative Services

Division of Archives & Records Service

Series 4700

Davis County (Utah). Probate Court Divorce case files

Dates: 1875-1886.

2.00 cubic feet and 2 microfilm reelsSkip to Containers

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. In 1874, the federal Poland Act revoked the jurisdiction of the Probate Court over all but divorce and probate cases. This series includes those cases handled by the Probate Court which are divorce cases. In 1887, the federal Edmunds-Tucker act revoked Probate Court jurisdiction in divorce cases.

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.

Prior to 1878, Utah Territory had one of the most liberal divorce laws in the United States and did not require residency in order to obtain a divorce within the territory. A simple statement that the married couple could not live in peace and union together was sufficient grounds for the granting of a divorce decree. As such, once the establishment of the railroad system provided regular access to the territory in 1869, the Probate Court handled many divorces for persons who could not meet the stricter laws regarding the granting of divorces in their home states. In 1878, the territorial Legislature changed the law to require residency, thereby decreasing significantly the number of divorces handled by the Probate Court.

Arrangement

Numerical by case number.

This series is arranged primarily numerically by case number, with case numbers assigned roughly in chronological order based on the filing date of the complaint. The assignment of case numbers makes it appears as if the court did not begin assigning case numbers until 1877 when the court case load increased substantially. At that point, the court started assigning case numbers at #25, perhaps to allow for earlier cases handled by the court to be assigned earlier case numbers as those cases reappeared in the court's holdings. The case numbers are consistent until number 193, at which point the numbers jump to 250, but this may not reflect a gap in the cases as no numbers between 193 and 250 appear in the dockets either. There are some cases which were not assigned case numbers and these can be found at the end of the series: these are arranged in chronological order by filing date.

Research Note

This series is arranged primarily numerically by case number, with case numbers assigned roughly in chronological order based on the filing date of the complaint. The assignment of case numbers makes it appears as if the court did not begin assigning case numbers until 1877 when the court case load increased substantially. At that point, the court started assigning case numbers at #25, perhaps to allow for earlier cases handled by the court to be assigned earlier case numbers as those cases reappeared in the court's holdings. The case numbers are consistent until number 193, at which point the numbers jump to 250, but this may not reflect a gap in the cases as no numbers between 193 and 250 appear in the dockets either. There are some cases which were not assigned case numbers and these can be found at the end of the series: these are arranged in chronological order by filing date.

Related Records

Divorce register of actions from Davis County (Utah). Probate Court, Series 4731, contains lists of the documents filed in the divorce cases.

Divorce minute book from Davis County (Utah). Probate Court, Series 23694, contains information about the day-to-day court proceedings in regards to these divorce cases.

Record books from Davis County (Utah). Probate Court, Series 25004, contain additional information on divorces.

Minute books from Davis County (Utah). Probate Court, Series 25012, contain additional information on divorces.

Custody History

Transferred to the Archives from Second District Court in Farmington in the summer of 1990.

Access Restrictions

This series is classified as Public.

Preferred Citation

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

Gaps in Series

There are no case files for the numbers 1-24 and 194-249. These numbers may never have been assigned to actual case files. A few of the case files within the cases numbered 25-193 have not survived.

Processing Note

This series was processed by Arlene Schmuland in June 2001. Upon processing, this series was discovered to contain one case file dating 1897 and actually originating from the 2nd District Court for Davis County. As the Davis County District Court case files were not in the custody of the Archives this file was returned to the Clerk of the District Court for Davis County in June 2001.

Finding Aids

Indexes: An index is available to names of parties, case file numbers (if applicable), filing date of complaint, and box and folder number where the case may be found, covering from 1875 thru 1886.

Indexing Terms

  • Divorce suits—Davis County (Utah).
  • Support (Domestic relations)—Davis County (Utah).
  • Complaints (Civil procedure)—Davis County (Utah).

Container List

REEL BOX FOLDER DESCRIPTION
2 2 3 143; Jul 1877
2 2 4 144; Jul 1877
2 2 5 145; Jul 1877
2 2 6 146; Aug 1877
2 2 7 147; Aug 1877
2 2 8 148; Aug 1877
2 2 9 150; Aug 1877
2 2 10 151; Aug 1877
2 2 11 152; Aug 1877
2 2 12 153; Aug 1877
2 2 13 154; Aug 1877
2 2 14 155; Aug 1877
2 2 15 156; Aug 1877
2 2 16 157; Aug 1877
2 2 17 158; Aug 1877
2 2 18 159; Aug 1877
2 2 19 160; Aug 1877
2 2 20 161; Aug 1877
2 2 21 162; Aug 1877
2 2 22 163; Aug 1877
2 2 23 164; Aug 1877
2 2 24 165; Aug 1877
2 2 25 166; Aug 1877
2 2 26 167; Aug 1877
2 2 27 168; Aug 1877
2 2 28 169; Aug 1877
2 2 29 170; Aug 1877
2 2 30 173; Aug 1877
2 2 31 175; Sep 1877
2 2 32 177; Sep 1877
2 2 33 178; Sep 1877
2 2 34 182; Sep 1877
2 2 35 183; Sep 1877
2 2 36 184; Sep 1877
2 2 37 185; Sep 1877
2 2 38 186; Sep 1877
2 2 39 187; Sep 1877
2 2 40 188; Sep 1877
2 2 41 189; Oct 1877
2 2 42 190; Oct 1877
2 2 43 191; Oct 1877
2 2 44 192; Dec 1877
2 2 45 193; Sep 1880
2 2 46 250; Feb 1884
2 2 47 251; May 1884
2 2 48 n/a; Dec 1877
2 2 49 n/a; May 1881
2 2 50 n/a; Oct 1881
2 2 51 n/a; Dec 1881
2 2 52 n/a; Mar 1882
2 2 53 n/a; Aug 1882
2 2 54 n/a; Nov 1882
2 2 55 n/a; Feb 1883
2 2 56 n/a; Apr 1883
2 2 57 n/a; n.d. 1884
2 2 58 n/a; Jun 1884
2 2 59 n/a; Jul 1884
2 2 60 n/a; Sep 1885
2 2 61 n/a; Nov 1885
2 2 62 n/a; Oct 1886
2 2 63 n/a; Oct 1886
1 1 1 25; Mar 1875
1 1 2 26; Nov 1875
1 1 3 27; Feb 1877
1 1 4 28; Feb 1877
1 1 5 29; Feb 1877
1 1 6 30; Feb 1877
1 1 7 31; Feb 1877
1 1 8 32; Feb 1877
1 1 9 33; Feb 1877
1 1 10 34; Feb 1877
1 1 11 35; Feb 1877
1 1 12 36; Feb 1877
1 1 13 37; Feb 1877
1 1 14 38; Feb 1877
1 1 15 39; Mar 1877
1 1 16 40; Mar 1877
1 1 17 41; Mar 1877
1 1 18 42; Mar 1877
1 1 19 43; Mar 1877
1 1 20 44; Mar 1877
1 1 21 45; Mar 1877
1 1 22 46; Mar 1877
1 1 23 47; Mar 1877
1 1 24 48; Mar 1877
1 1 25 49; Mar 1877
1 1 26 50; Mar 1877
1 1 27 51; Mar 1877
1 1 28 52; Mar 1877
1 1 29 53; Mar 1877
1 1 30 54; Mar 1877
1 1 31 55; Mar 1877
1 1 32 56; Mar 1877
1 1 33 57; Mar 1877
1 1 34 58; Mar 1877
1 1 35 59; Mar 1877
1 1 36 60; Mar 1877
1 1 37 61; Mar 1877
1 1 38 62; Mar 1877
1 1 39 63; Mar 1877
1 1 40 64; Mar 1877
1 1 41 65; Mar 1877
1 1 42 66; Mar 1877
1 1 43 67; Mar 1877
1 1 44 68; Mar 1877
1 1 45 69; Mar 1877
1 1 46 70; Mar 1877
1 1 47 71; Mar 1877
1 1 48 72; Mar 1877
1 1 49 73; Mar 1877
1 1 50 74; Mar 1877
1 1 51 75; Mar 1877
1 1 52 76; Mar 1877
1 1 53 77; Mar 1877
1 1 54 78; Mar 1877
1 1 55 79; Mar 1877
1 1 56 80; Mar 1877
1 1 57 82; Apr 1877
1 1 58 83; Apr 1877
1 1 59 84; Apr 1877
1 1 60 85; Apr 1877
1 1 61 86; Apr 1877
1 1 62 87; Apr 1877
1 1 63 88; Apr 1877
1 1 64 89; Apr 1877
1 1 65 90; Apr 1877
1 1 66 91; Apr 1877
1 1 67 92; Apr 1877
1 1 68 93; Apr 1877
1 1 69 94; Apr 1877
1 1 70 95; Apr 1877
1 1 71 96; Apr 1877
1 1 72 97; Apr 1877
1 1 73 98; Apr 1877
1 1 74 99; Apr 1877
1 1 75 100; Apr 1877
1 1 76 101; Apr 1877
1 1 77 102; May 1877
1 1 78 103; May 1877
1 1 79 104; May 1877
1 1 80 105; May 1877
1 1 81 106; May 1877
1 1 82 107; May 1877
1 1 83 108; Jun 1877
1 1 84 109; Jun 1877
1 1 85 110; Jun 1877
1 1 86 111; Jun 1877
1 1 87 112; Jun 1877
1 1 88 113; Jun 1877
1 1 89 114; Jun 1877
1 1 90 115; Jun 1877
1 1 91 116; Jun 1877
1 1 92 117; Jun 1877
1 1 93 118; Jun 1877
1 1 94 119; Jun 1877
1 1 95 120; Jun 1877
1 1 96 121; Jun 1877
1 1 97 122; Jun 1877
1 1 98 123; Jun 1877
1 1 99 124; Jun 1877
1 1 100 125; Jun 1877
1 1 101 126; Jun 1877
1 1 102 127; Jun 1877
1 1 103 128; Jun 1877
1 1 104 129; Jun 1877
1 1 105 130; Jun 1877
1 1 106 131; Jul 1877
1 1 107 132; Jul 1877
1 1 108 133; Jul 1877
1 1 109 134; Jul 1877
1 1 110 135; Jul 1877
1 1 111 136; Jul 1877
1 1 112 137; Jul 1877
1 1 113 138; Jul 1877
1 1 114 139; Jul 1877
1 1 115 140; Jul 1877
2 2 1 141; Jul 1877
2 2 2 142; Jul 1877