Franklin County (Va.) Circuit Court

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785.

From the guide to the Franklin County (Va.) Land Records, circa 1784-1917, (The Library of Virginia)

John Hook, 1745-1808, was a prominent businessman, landowner, and slaveholder in Bedford and Franklin Counties, Virginia. He also served as sheriff of Franklin County.

Nanny Pegee was a slave of Thomas Jones of North Carolina. Jones moved to Franklin County, Virginia in 1781 bringing Pegee with him. Pegee was sold to John Hook to repay a debt owed him by Jones.

In 1803, Nanny Pegee sued John Hook for her freedom in the County Court of Montgomery County. She wanted financial restitution for damages due to assault and battery and false imprisonment. The jury ruled in Pegee's favor in 1804; however, but the court annulled the verdict and ordered a new trial. In 1807, the District Court of Staunton ordered the trial be removed from the County Court of Montgomery County to the District Court of Franklin County. The chancellor of the Western District of Virginia ordered the clerk of Montgomery County to deposit the Pegee trial papers with the clerk of the District Court of Franklin County. In 1808, the District Court jury ruled in Pegee's favor. Hook immediately appealed to the Supreme Court of Appeals of Virginia. In 1811, the Supreme Court of Appeals affirmed the verdict of the District Court of Franklin County.

From the guide to the Nanny Pegee et cetera versus John Hook and Zachariah Stanley, 1808 Apr., (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785.

Throughout the Civil War, the principal responsibility for Virginia's indigent soldiers' families lay with the locality. The Virginia State Convention in 1861 gave the responsibility entirely to counties and incorporated towns and authorized whatever actions had already been taken. Acts of Assembly in 1862 and 1863 expanded the localities' powers to provide for their needy, and in 1863 some minimal state assistance was added in. At first relief was provided as money, but as the monetary system collapsed, relief was distributed in kind. Agents of the court maintained lists of eligible families, gathered goods for distribution and paid for them, and impressed supplies if necessary. Virginia was unique amongst the southern states in that it assigned the provisioning of needy families almost solely to the locality.

From the guide to the Franklin County (Va.) Reports of Indigent Soldiers' Families, 1863-1864, (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785. The county court first met on 2 January 1786. Part of Patrick County was added in 1848. The county seat is Rocky Mount.

From the guide to the Franklin County (Va.) Chancery Causes, 1787-1912 (bulk 1833-1912), (The Library of Virginia)

Franklin County was formed in 1785 from Bedford and Henry Counties.

The letters were used as evidence in a court case. The whereabouts of the other documents from the case is unknown.

From the guide to the Franklin County (Va.) Letters, Mark Anthony to William Ray, 1849-1852, (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785.

This record was replevined by the Library of Virginia following the trial entitled Commonwealth of Virginia vs. Larry I. Vass heard in Henrico County Circuit Court in November 1972.

From the guide to the Franklin County (Va.) Court Record, 1853, (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785. The county court first met on 2 January 1786. Part of Patrick County was added in 1848.

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 1904 and the recordation function was transferred to the circuit court.

The General Court was created in 1777. Prior to the creation of the District Courts in 1788, the General Court held appellate jurisdiction in common law cases. All of the records of the General Court were destroyed except for one pre-Revolutionary War order book, in April 1865.

The District Court was created in 1788. The purpose of the creation of the District Court was to alleviate congestion in the General Court which had caused unreasonable delays in the adjudication of common law cases. Virginia was divided into eighteen districts, each composed of several counties, plust the district of Kentucky. Courts were held in each district twice yearly and cases were heard from the several counties in that district. The District Court always met at the same place in each district, and its records were kept at that one location. The District Courts were abolished in 1808 and were replaced by the Superior Courts of Law.

The District Court for Bedford, Campbell, Franklin, Pittsylvania, and Henry counties met at Franklin County Courthouse from 1800 to 1808. The District Court prior to 1800 met at New London Courthouse in Bedford County.

The Superior Court of Law was created in 1808. It met twice a year in each county, presided over by a circuit-riding General Court judge. Records were filed with the County Court. It had civil and criminal jurisdiction. The court ceased to exist in 1831.

The Circuit Superior Courts 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 concurrrent 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.

From the guide to the Franklin County (Va.) Determined Papers, 1789-1937, (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785. The county court first met on 2 January 1786. Part of Patrick County was added in 1848. The county seat is Rocky Mount.

From the guide to the Franklin County (Va.) Partitions, circa 1807-1900, (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785.

An act passed by the Virginia legislature in 1803 required every free negro or mulatto to be registered and numbered in a book to be kept by the county clerk.

Free Negro lists were compiled by the commissioner of the revenue for tax purposes.

From the guide to the Franklin County (Va.) Free Negro and Slave Records, 1837-1864, (The Library of Virginia)

Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case.

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785.

From the guide to the Franklin County (Va.) Chancery Causes, 1913-1929, (The Library of Virginia)

Franklin County was named for Benjamin Franklin and was formed from Bedford and Henry Counties in 1785. The county court first met on 2 January 1786. Part of Patrick County was added in 1848. The county seat is Rocky Mount.

The separate office of coroner appeared in Virginia about 1660. The judicial duty of the office is to hold inquisitions in cases when persons meet sudden, violent, unnatural or suspicious death, or death without medical attendance. The coroner would summon a jury to assist him in determining cause of death. Prior to November 1877, the jurors numbered twelve. Between November 1877 and March 1926, the jurors numbered six. The jury viewed the body of the deceased and heard the testimony of witnesses. The coroner was required to write down witness testimony. After seeing and hearing the evidence, the jury delivered in writing to the coroner their conclusion concerning cause of death referred to as the inquisition. After March 1926, only the coroner determined cause of death. He could require physicians to assist him with determing cause of death. If a criminal act was determined to be the cause of death, the coroner was to deliver the guilty person to the sheriff and the coroners' inquests would be used as evidence in the criminal trial.

From the guide to the Franklin County (Va.) Coroners' Inquisitions, 1808-1901, (The Library of Virginia)