Administrative Information

Access Restrictions

There are no restrictions.

Use Restrictions

There are no restrictions.

Preferred Citation

Smyth County (Va.) Judgments, 1836-1925, Local government records collection, Smyth County Court Records. The Library of Virginia, Richmond, Va. 23219.

Acquisition Information

These items came to the Library of Virginia in a shipment of court papers from Smyth County. Portions of this collection were transferred under the accession number 41363.

Historical Information

Smyth County was named for Alexander Smyth, a congressman from Virginia in 1832 when the county was formed from Washington and Wythe counties. Its area is 435 square miles, and the county seat is Marion.

The County Court was the original colonial court of adjudication and recordation, and it was the principal tribunal for the administration of local justice. The individual justices could act on small claims matters as well as criminal matters where imminent bodily harm was a possibility, there being an appeal to the full County Court, which met monthly. This court ceased to exist in 1875 and the recordation function was transferred to the circuit court.

The Circuit Superior Court of Law and Chancery, established in 1831, were the upper courts on the local level. Sessions were held twice a year in each county, presided over by a General Court judge. The counties were grouped into districts for the convenience of the judge. The court ceased to exist in 1851.

The Circuit Court was authorized by the Constitution of 1851 and established by an act of the General Assembly passed in May 1852. Courts were held twice yearly in each county, presided over by 21 judges who rode circuits in the area of their jurisdiction. The records were filed with County Court records. These courts were granted original jurisdiction concurrent with that of the County Courts, as well as appellate jurisdiction in all civil cases of more than fifty dollars and criminal cases not "expressly cognizable in some other court," including those involving loss of life.

Scope and Content

Smyth County (Va.) Judgments, 1836-1925, consist of civil suits, commonwealth causes, other court papers filed in the court such as road and bridge records, tax and fiscal records, overseers of the poor, court appointments and resignations, fiduciary records, and other court papers. Not every record type will be found in every bundle of papers. It also includes judgments filed in the Circuit Superior Court of Law and Chancery, County Court, and Circuit Court that consist of civil suits, commonwealth causes, and other court papers.

Related Material

Additional Smyth County Records can be found on microfilm at the Library of Virginia. Consult "A Guide to Virginia County and City Records on Microfilm."

Index Terms

Corporate Names:

• Smyth County (Va.) Circuit Court.

Subjects:

• Public records--Virginia--Smyth County.

Genre and Form Terms:

• Local government records--Virginia--Smyth County.

Adjunct Descriptive Data