Overview of the Collection
Court History
Access Terms
Important Information for Users of the Collection
Arrangement of Materials:
Scope and Contents
Additional volume not found
Overview of the Collection
Collection Title: California County Court (Sonoma County) records,
Dates: 1851-1880
Identification: SCG.00044
Creator:
California. County Court (Sonoma County)
Physical Description:
24 volumes
Language of Materials:
English
Repository:
Sonoma County Library Archives
Sonoma County Library
6135 State Farm Drive
Rohnert Park, CA 94928
Abstract: This collection contains records of cases heard in the County Court for Sonoma County, California, between 1850 and 1880.
Includes record of civil and criminal cases heard in County Court, daily records of County Court operations, and records of
cases on appeal.
Court History
County Courts established by the 1849 California State Constitution
The first Constitution of California was written by the forty-eight delegates of the 1849 California State Constitutional
Convention meeting at Colton Hall in Monterey during the months of September and October 1849. It was signed by the delegates
on 13 October 1849 and ratified by the people of California in an election held a month later on 13 November 1849. Under this
constitution the judicial department of California was to consist of a Supreme Court, District Courts, County Courts, Justices
of the Peace, and such municipal and other inferior courts the legislature may establish as may be deemed necessary.(Index
to District Court records of Sonoma County, 1850-1879. Berwyn Hights, Md. : Heritage Books, 2016; pages ix-x)
The County Courts were to have such jurisdiction in cases arising in justices' courts, and in special cases, as prescribed
by the Legislature, but no other original civil jurisdiction; county judge to perform duties of surrogate or probate judge.
The Court Act of 1851 gave the County Courts jurisdiction for review on appeal judgments rendered in civil actions or proceedings
by justices' court or recorders' courts within the county; to have original jurisdiction (1) to enforce mechanics' and other
liens, (2) to prevent or abate a nuisance, (3) to prevent waste or give damages therefor, and (4) in cases, of insolvency;
may review proceedings of inferior tribunals or offices on certiorari, and issue writs of mandate; court and judge may issue
other writs necessary or proper to the complete exercise of constitutional and statutory powers.
By the California State Constitution of 1849 California, the County Judge were to be elected by voters of the county; to hold
office for 4 years. (Blume, William Wirt. California courts in perspective. Berkeley, CA. Hastings law journal, vol. 22, issue
1 (1970), pages 127, 144)
County Courts abolished by the 1879 California State Constitution
The delegates of the second California State Constitutional Convention of 1878-1879 produced a second California State Constitution
that was adopted in Convention at Sacramento on 3 March 1879 and ratified by a vote of the People of the State of California
on 7 May 1879. Article XXII, section 3 of this Constitution abolished all courts then existing, including the County Courts,
except for the Justices’ and Police Courts, and Article VI, section 1 established a new judicial department composed of a
Supreme Court, Superior Courts, Justices of the Peace, and such inferior Courts as the Legislature may establish in any incorporated
city or town, or city and county. All records, books, papers, and proceedings from the abolished Courts were to be transferred
to the new Courts on 1 January 1880. (Index to District Court records of Sonoma County, 1850-1879, page x)
Access Terms
This Collection is indexed under the following controlled access subject terms.
Topical Term:
Civil procedure -- California -- Sonoma County
Court records -- California -- Sonoma County
Courts -- California -- Sonoma County
Criminal courts -- California -- Sonoma County
Judgments -- California -- Sonoma County
Important Information for Users of the Collection
Conditions Governing Access:
Materials stored offsite, but collection is open to research. In many cases, further details on individual volumes can be
found by calling staff at the Sonoma County History and Genealogy Library. To view these materials, please call staff at
707 308-3212 to request they be brought from the Archives to the Library
Publication Rights
Property rights reside with the Sonoma County Library. The Sonoma County Library has made this collection available and believes
that the collection is in the Public Domain under the laws of the United States, but a determination was not made as to its
copyright status under the copyright laws of other countries. The Collection may not be in the Public Domain under the laws
of other countries. Preferred credit line is: Courtesy, the Sonoma County Library. Please see additional reproduction and
reuse information at
https://sonomalibrary.org/locations/sonoma-county-history-and-genealogy-library/order-photo
Preferred Citation:
California County Court (Sonoma County), 1851-1880. SCG.00044, Sonoma County Archives, Sonoma County Library, Rohnert Park,
California.
Arrangement of Materials:
Series. Arranged in 13 series: I. Judgment book, 1854-1878; II. Judgment docket, 1854-1857; III. Docket book, 1858-1879;
IV. Old series, Defendants, County Court, 1853-1868; V. Fee book, 1857-1859; VI. Fee book and register, 1859-1880; VII. County
Court, Sonoma County, Minute book, County Court : January 20, 1851 To January 2, 1854; VIII. Minute book, County Court, 1857-1879;
IX. Calendar, County Court, 1857-1878; X. Index to plaintiffs, County Courty, 1859-1872; XI. Index to defendants, County Courty,
1859-1872; XII. Index, County Court, 1857-1859; and XIII. Records, 1857-1859
Scope and Contents
Official records
Additional volume not found
Sonoma County Clerk's inventory indicates an additional volume not found in the 1995 Sonoma County Library Archives inventory:
Plaintiffs, County Court--Old Series, 1853-1868 (inventory 215), This volume is an "index to plaintiffs in Case Nos. 123-261,
Old Series, County Court. When plaintiff was People of the State of California, Case Nos. 1-122, no entry was made.
"Index shows: No., Plaintiff, -Defendant. Index to: COUNTY COURT - ORDER OF SALE - OLD SERIES, by number (212); CALENDAR COUNTY
COURT (214-), COUNTY COURT MINUTE BOOK (210), FEE BOOK COUNTY COURT (218), RECORDS (219), JUDGMENT BOOK COUNTY COURT, Vols.
Band C in part (220), by name.
"Arranged alphabetically by Last Name of Plaintiff. Handwritten."