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Legal History

Documents from Making Habeas Work: A Legal History (monograph)

1771

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Provincial Case File No. 30379, New Hampshire State Archives - Indictment R Of Whittemore For Assaulting Chase And Carrying Away The Deed Sep 1771

Provincial Case File No. 30379, New Hampshire State Archives - Indictment R Of Whittemore For Assaulting Chase And Carrying Away The Deed

Documents from Making Habeas Work: A Legal History (monograph)

There was a subsequent indictment R of Whittemore for assaulting Chase and carrying away the deed, to which he pleaded not guilty.


Provincial Case File No. 30379, New Hampshire State Archives - Whittemore's Recognizance Jun 1771

Provincial Case File No. 30379, New Hampshire State Archives - Whittemore's Recognizance

Documents from Making Habeas Work: A Legal History (monograph)

On May 31, 1771, Benjamin Whittemore of Nottingham West, New Hampshire was called before J.P. Ezekial Chase to acknowledge his signature on a land deed. Instead of complying, Whittemore violently ripped his signature off the page and fled. On June 2, the irate J.P. issued an order for the imprisonment of Whittemore, which resulted in his being jailed on June 5. On June 7, Whittemore filed a petition for a writ of habeas corpus with New Hampshire Superior Court Chief Justice Atkinson that simply alleged that he was being “unjustly held and detained without any lawful cause for such detainer …


Provincial Case File No. 303794, New Hampshire State Archives. - Chase’S Mittimus And The Jailer’S Endorsed Receipt Jun 1771

Provincial Case File No. 303794, New Hampshire State Archives. - Chase’S Mittimus And The Jailer’S Endorsed Receipt

Documents from Making Habeas Work: A Legal History (monograph)

On May 31, 1771, Benjamin Whittemore of Nottingham West, New Hampshire was called before J.P. Ezekial Chase to acknowledge his signature on a land deed. Instead of complying, Whittemore violently ripped his signature off the page and fled. On June 2, the irate J.P. issued an order for the imprisonment of Whittemore, which resulted in his being jailed on June 5. On June 7, Whittemore filed a petition for a writ of habeas corpus with New Hampshire Superior Court Chief Justice Atkinson that simply alleged that he was being “unjustly held and detained without any lawful cause for such detainer …


Provincial Case File No. 29935, New Hampshire State Archives - Bond Of Charles Banfild May 1771

Provincial Case File No. 29935, New Hampshire State Archives - Bond Of Charles Banfild

Documents from Making Habeas Work: A Legal History (monograph)

On May 31, 1771, Benjamin Whittemore of Nottingham West, New Hampshire was called before J.P. Ezekial Chase to acknowledge his signature on a land deed. Instead of complying, Whittemore violently ripped his signature off the page and fled. On June 2, the irate J.P. issued an order for the imprisonment of Whittemore, which resulted in his being jailed on June 5. On June 7, Whittemore filed a petition for a writ of habeas corpus with New Hampshire Superior Court Chief Justice Atkinson that simply alleged that he was being “unjustly held and detained without any lawful cause for such detainer …


Provincial Case File No. 16916, New Hampshire State Archives - Subsequent Action Of Peter Pearse Feb 1771

Provincial Case File No. 16916, New Hampshire State Archives - Subsequent Action Of Peter Pearse

Documents from Making Habeas Work: A Legal History (monograph)

This file contains documentation respecting Pearse’s subsequent civil damages action against March.


Judgment Book Of The Superior Court, Vol. G, At 56–59, New Hampshire State Archives - Packer V. Renkin Feb 1771

Judgment Book Of The Superior Court, Vol. G, At 56–59, New Hampshire State Archives - Packer V. Renkin

Documents from Making Habeas Work: A Legal History (monograph)

… deputy sheriffs had executed judgments and pocketed the proceeds, resulting in lawsuits against the Sheriff as the party responsible for the conduct of his subordinates.


Judgment Book Of Superior Court, Vol. G, Feb. 1771 - Sept. 1773, At 45-47, New Hampshire State Archives - Jenness V. Libbee, Feb 1771

Judgment Book Of Superior Court, Vol. G, Feb. 1771 - Sept. 1773, At 45-47, New Hampshire State Archives - Jenness V. Libbee,

Documents from Making Habeas Work: A Legal History (monograph)

... Abraham Libbee of Rye, New Hampshire, complained to a Justice of the Peace that Joseph Jenness had stolen two of his oxen. This resulted in the issuance of a warrant, the seizure of two oxen from Jenness, and the indictment of the latter for theft. After the Attorney General dropped the case Jenness sued Libbee for malicious prosecution, asserting that he had “caused such a misrepresentation of facts to be made to the ... Grand Jury as induced them” to return the indictment.