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Judgment Book Of The Rockingham County Superior Court, Vol. L, At 17–19, New Hampshire State Archives - Morey V. Webster Sep 1793

Judgment Book Of The Rockingham County Superior Court, Vol. L, At 17–19, New Hampshire State Archives - Morey V. Webster

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

This was an action brought by Morey against Deputy Sheriff Webster for carrying off one yoke of oxen and one yoke of steers. … resulting in a jury verdict for Webster.


Habeas Corpus 1788–1790, Pennsylvania State Archives, Recording The Proceedings In The Summer Of 1788 Entitled Respublica V. Negroes Sam And John. Jul 1788

Habeas Corpus 1788–1790, Pennsylvania State Archives, Recording The Proceedings In The Summer Of 1788 Entitled Respublica V. Negroes Sam And John.

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

One possibility was to petition for a writ of habeas corpus and thereby commence ordinary proceedings under that writ


Judgment Book Of The Rockingham County Superior Court, Vol. J,, Sept. 1785 - Sept. 1788, At 267, New Hampshire State Archives - Marsh V. Hilton, Aug 1787

Judgment Book Of The Rockingham County Superior Court, Vol. J,, Sept. 1785 - Sept. 1788, At 267, New Hampshire State Archives - Marsh V. Hilton,

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

Marsh won a jury verdict ordering that Hilton return the damages he had won and pay court costs. But Hilton objected that inasmuch as Marsh held a judgment payable in the prior legal tender he could not be ordered to pay it nor could the court tax costs. Lacking equitable powers the court was unwilling to make the appropriate alteration.


Judgment Book Of The Rockingham County Superior Court, Vol. J, At 380, New Hampshire State Archives - Lamson V. Tilton May 1787

Judgment Book Of The Rockingham County Superior Court, Vol. J, At 380, New Hampshire State Archives - Lamson V. Tilton

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

She (Lamson) was sued as admistratrix of her late husband’s estate for the balance due on a £50 note of hand after she had only been able to scrape together £27.15s. as a partial payment. She lost by default because the lawyer who was supposed to take care of it for her forgot about the matter.


An Act To Restore Elizabeth Lamson To Her Law Dec 1786

An Act To Restore Elizabeth Lamson To Her Law

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

She (Lamson) was sued as admistratrix of her late husband’s estate for the balance due on a £50 note of hand after she had only been able to scrape together £27.15s. as a partial payment. She lost by default because the lawyer who was supposed to take care of it for her forgot about the matter.


Judgments And Levies Of The Strafford County Court Of Common Pleas 1785 To 1790, At 112-15, Strafford County Courthouse, Dover, New Hampshire - Appeal - Tasker V. Sinkler Jun 1786

Judgments And Levies Of The Strafford County Court Of Common Pleas 1785 To 1790, At 112-15, Strafford County Courthouse, Dover, New Hampshire - Appeal - Tasker V. Sinkler

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

On Tasker’s appeal, where the action was tried for the first time, the jury awarded Sinkler £3 damages plus £13.9s.2d in costs.


An Act To Impower The Superior Court Of Judicature To Render Complete And Perfect Judgment For Damages And Costs In An Action Brought At Said Court By Zebulon Marsh Against Edward Hilton And To Award Execution Thereon Jan 1786

An Act To Impower The Superior Court Of Judicature To Render Complete And Perfect Judgment For Damages And Costs In An Action Brought At Said Court By Zebulon Marsh Against Edward Hilton And To Award Execution Thereon

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

… a statute enabling the court to perfect the prior judgment as may be “just and equitable ... notwithstanding any objections which have been or may be made thereto on account of said Judgment’s being incomplete or otherwise,”


Strafford County Case File No. 132, Strafford County Courthouse, Dover, New Hampshire - Mittimus Of Richard Sinkler Oct 1785

Strafford County Case File No. 132, Strafford County Courthouse, Dover, New Hampshire - Mittimus Of Richard Sinkler

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

The mittimus to the constable along with notes tht appear to be from the constatable recording the dates of incarceration.


Strafford County Case File No. 132, Strafford County Courthouse, Dover, New Hampshire - Arrest Order For John Tasker Oct 1785

Strafford County Case File No. 132, Strafford County Courthouse, Dover, New Hampshire - Arrest Order For John Tasker

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

In this case, Daniel filed a petition with Tasker beginning, “Humbly complaining in Behalf of the People of the State of New Hampshire ...,” and alleging that the assault was against the peace and dignity of the good people of the state


Strafford County Case File No. 132, Strafford County Courthouse, Dover, New Hampshire - Complaint Of Jacob Daniels Oct 1785

Strafford County Case File No. 132, Strafford County Courthouse, Dover, New Hampshire - Complaint Of Jacob Daniels

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

… one Jacob Daniels commenced a criminal prosecution against Sinkler for assault. Tasker ordered Sinkler to find sureties for his good behavior until trial but Sinkler, according to Tasker, refused.


Legislative Petitions File Of The New Hampshire State Archives - Petition Of The Inhabitants Of Barnstead, January 15, 1778, Jun 1777

Legislative Petitions File Of The New Hampshire State Archives - Petition Of The Inhabitants Of Barnstead, January 15, 1778,

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

As to Tasker, the inhabitants of Barnstead (of which he was Town Clerk) had held a town meeting and sent a petition to the legislature in June of 1777 requesting that he be appointed as Justice of the Peace.


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.


Provincial Case File No. 26274, New Hampshire State Archives, Judgment Book Of Superior Court, Vol. G, At 83 - Judgment Of William Licht Mar 1770

Provincial Case File No. 26274, New Hampshire State Archives, Judgment Book Of Superior Court, Vol. G, At 83 - Judgment Of William Licht

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

To the extent that one can retrospectively impose order on the cases ... one key variable may have been whether the would-be appellant was still in prison. At any rate, when William Licht was summarily incarcerated by a J.P. (and then released on bail) in 1770 on the complaint of two townspeople of Chester, New Hampshire for harboring a potentially indigent stranger, he pursued his appeal, successfully, by bringing certiorari proceedings.


Provincial Case File No. 25352, New Hampshire State Archives - Judgment Of Peter Pearse Feb 1770

Provincial Case File No. 25352, New Hampshire State Archives - Judgment Of Peter Pearse

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

Peter Pearse had an encounter on a New Hampshire street with Clement March, a J.P. whom he had just seen inside the courthouse. Pearse asked March “what reason he had to call him a chattering fellow in the Court,” and “added that the said March was a Blockhead as much as any in a Barber’s Shop and called him a Rogue afterwards.” March responded by having Pearse presented for contempt to his own inferior court, which denied requests for counsel and jury trial, summarily convicted Pearse of contempt, and ordered him imprisoned until such time as he could provide sureties …


Provincial Case File No. 21991, New Hampshire State Archives - Abraham Libbee Indictment Endorsed With The Prosecutor’S Nolle Dec 1769

Provincial Case File No. 21991, New Hampshire State Archives - Abraham Libbee Indictment Endorsed With The Prosecutor’S Nolle

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.


Judgment Book Of Superior Court, Vol. F, 1767-1770, At 5-7, New Hampshire State Archives - Mchard V. Packer Aug 1767

Judgment Book Of Superior Court, Vol. F, 1767-1770, At 5-7, New Hampshire State Archives - Mchard V. Packer

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

In all three cases creditors claimed that Sheriff Thomas Packer had allowed their debtors to escape from jail on September 1, 1765. Packer prevailed below in all the actions, and on appeal the jury (composed of the same individuals in each case) rendered an “opinion that the Gaol was insufficient when the breach was made,” and gave judgment to Packer


Judgment Book Of Superior Court, Vol. F, 1767-1770, At 3-5, New Hampshire State Archives - Clement V. Packer Aug 1767

Judgment Book Of Superior Court, Vol. F, 1767-1770, At 3-5, New Hampshire State Archives - Clement V. Packer

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

In all three cases creditors claimed that Sheriff Thomas Packer had allowed their debtors to escape from jail on September 1, 1765. Packer prevailed below in all the actions, and on appeal the jury (composed of the same individuals in each case) rendered an “opinion that the Gaol was insufficient when the breach was made,” and gave judgment to Packer


Judgment Book Of Superior Court, Vol. F, 1767-1770, At 7-9, New Hampshire State Archives - Mcgregore V. Packer Aug 1767

Judgment Book Of Superior Court, Vol. F, 1767-1770, At 7-9, New Hampshire State Archives - Mcgregore V. Packer

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

In all three cases creditors claimed that Sheriff Thomas Packer had allowed their debtors to escape from jail on September 1, 1765. Packer prevailed below in all the actions, and on appeal the jury (composed of the same individuals in each case) rendered an “opinion that the Gaol was insufficient when the breach was made,” and gave judgment to Packer


Judgment Book Of The Superior Court, Vol. E, At 357-58, New Hampshire State Archives - Ober V. Woodman Oct 1766

Judgment Book Of The Superior Court, Vol. E, At 357-58, New Hampshire State Archives - Ober V. Woodman

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

... Nathaniel Woodman of Salem, New Hampshire found himself on the losing end of a lawsuit tried before a Justice of the Peace named John Ober. Ordered to pay the plaintiff 20 shillings, Woodman requested an attested copy of the judgment in order to take an appeal. But, Woodman complained, Ober, “contrary to his ... office, oath and duty,” refused to provide the document, thereby damaging Woodman to the tune of £10. Woodman recovered 5 shillings plus court costs at the trial level, a sum increased to 30 shillings plus costs when Ober appealed.


Judgment Book Of Superior Court, Vol. E, At 201, New Hampshire State Archives - Mccrellis V. Sheppard Oct 1765

Judgment Book Of Superior Court, Vol. E, At 201, New Hampshire State Archives - Mccrellis V. Sheppard

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

Recording successful action by McCrellis against Selectmen for taxing him for the support of a Congregational minister, “knowing the plaintiff to be a member of the Church of England.


3 William Blackstone, Commentary On The Laws Of England, Ch. 8, At 129–38 (1765). Jan 1765

3 William Blackstone, Commentary On The Laws Of England, Ch. 8, At 129–38 (1765).

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

No abstract provided.


Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767 - Shaw V. Moulton Nov 1764

Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767 - Shaw V. Moulton

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

In a single action Jonathan Shaw sued three J.P.’s for “unjustly and illegally” signing distress warrants resulting in his imprisonment for 10 days and claimed £600 in damages. He lost against all three defendants before three separate juries at three levels of proceedings ending in November 1764.


Judgement Book Of Superior Court, Vol. D, May 1760–November 1763 At 377 - Claggett V. Waldron Nov 1763

Judgement Book Of Superior Court, Vol. D, May 1760–November 1763 At 377 - Claggett V. Waldron

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

See also Claggett v. Gunnison


Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 15-18, New Hampshire State Archives - Pickering V. Greley Aug 1763

Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 15-18, New Hampshire State Archives - Pickering V. Greley

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

Recording claim, rejected by both trial and appeals juries, by John Pickering against Sheriff Richard Greley that Greley had wrongfully imprisoned him for three days on a civil attachment notwithstanding his tender of full amount required.