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Full-Text Articles in Law
Judgment Book Of Superior Court, Vol. B, Sept. 1750-Mar. 1754, At 130-34, New Hampshire State Archives - John Galton
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
Defendants in suit for seaman’s wages seek prohibition because contract has been assigned and assignment is a land-based contract. … on consideration of foregoing case granting prohibition in Feb. Term 1751 at suit of John Galton et al.
Provincial Case File No. 22138, New Hampshire State Archives - Petition Of Phebe Nung
Provincial Case File No. 22138, New Hampshire State Archives - Petition Of Phebe Nung
Documents from Making Habeas Work: A Legal History (monograph)
She [Phebe Nung] brought an action of replevin against her alleged owners, Vincent and Lois Tarr, to test who had the superior right to possession of herself, the subject of the action. The Sheriff promptly seized her pendente lite--that is, he took an appearance bond from Nung--and the case was tried to a jury. It found in her favor and the same result was reached on appeal, with the court ruling that she was “a free woman and that she enjoy her freedom.
Judgment Book Of Superior Court, Vol. B, Sept. 1750 - Mar. 1754, At 260, New Hampshire State Archives - Bagley V. Elliot
Documents from Making Habeas Work: A Legal History (monograph)
… “that the King has not by law a power to make a second charter with addition of persons and estates for a town which has one in full force at the time of making the second so as bind the town thereby without their consent."
Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 463-64, New Hampshire State Archives - Ruling For Elizabeth Bird
Documents from Making Habeas Work: A Legal History (monograph)
An abused apprentice, she [Elizabeth Bird, the mother]prayed simply for “the advisement of this Court on the Premises and that your complainant may have some relief in the Premises.
Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 341-42, New Hampshire State Archives - Bird Order
Documents from Making Habeas Work: A Legal History (monograph)
The court responded by issuing a writ of habeas corpus to have Winter brought before it, which was done the same day. It reviewed the indenture he produced, and there being “nothing made to appear that the said servant had ever been provided for as in said indenture mentioned and the particular facts complained of appearing to be true” ... the court concluded that Winter was not entitled to retain John’s custody, which was returned to his mother.
Provincial Case File No. 23254, New Hampshire State Archives - Petition Of Elizabeth Bird
Provincial Case File No. 23254, New Hampshire State Archives - Petition Of Elizabeth Bird
Documents from Making Habeas Work: A Legal History (monograph)
In the fall of 1749, the widow Elizabeth Bird of Portsmouth, New Hampshire complained in forma pauperis to the Superior Court that her son John Bird, age fourteen, was apprenticed to a ropemaker named Richard Winter but that the latter (who was in prison) had for a long period neglected John--failing “to provide suitable and sufficient meat drink lodging and clothing” and not permitting him to attend public worship. She prayed simply for “the advisement of this Court on the Premises and that your complainant may have some relief in the Premises.
Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson's Mittimus
Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson's Mittimus
Documents from Making Habeas Work: A Legal History (monograph)
In New Hampshire, as elsewhere, suits by alleged slaves claiming freedom were common, and they could be brought in many legal forms. One possibility was to petition for a writ of habeas corpus and thereby commence ordinary proceedings under that writ. That is what Peter Johnson of Portsmouth, New Hampshire did in the summer of 1748 in claiming that he had been wrongfully “imprisoned for refusing to serve as a slave
Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson - Case Summary
Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson - Case Summary
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
Johnson was in prison because his alleged master, George Massey, had complained to a local Justice of the Peace that he “refuseth to labour and is stubborn and rebellious” and had requested “that the said Peter may be detained in Prison until he shall become submissive and dutiful,” whereupon the J.P. had issued a mittimus that ordered the sheriff to confine Johnson “until he the said Peter shall behave himself.”
Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives - Judgment Of Andrew Downer
Documents from Making Habeas Work: A Legal History (monograph)
Andrew Downer, was being detained in prison for a debt of less than 10 pounds, in violation of an Act of Parliament, and requesting no more than that “Your Worships would put the Act of Parliament in force by releasing and setting the said Andrew Downer at liberty, that his Majesty’s Service may not suffer thereby.
Provincial Case File No. 21242, New Hampshire State Archives - Petition Of Andrew Downer
Provincial Case File No. 21242, New Hampshire State Archives - Petition Of Andrew Downer
Documents from Making Habeas Work: A Legal History (monograph)
Andrew Downer, was being detained in prison for a debt of less than 10 pounds, in violation of an Act of Parliament, and requesting no more than that “Your Worships would put the Act of Parliament in force by releasing and setting the said Andrew Downer at liberty, that his Majesty’s Service may not suffer thereby.
Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives (Entry No. 24 For Feb. 5, 1744) - Appeals Entry
Documents from Making Habeas Work: A Legal History (monograph)
... when in the spring of 1744 the judges of the New Hampshire Superior Court were divided on appeal in a legally tangled case arising out of a bitter religious dispute, they adjourned so that counsel could “[s]tate the case and apply for advisement to the neighbouring lawyers on the Case.” When that consultation failed to occur, the judges considered, but apparently could not decide, whether to allow a further adjournment on the basis that there was a Superior Court session to be held at York “in June next when they might have opportunity of conversing with some of the …
Executive Council Records, Box 5, Folder - Council Minutes, 1690-1769, New Hampshire State Archives - George Walton Summons And Deposition
Documents from Making Habeas Work: A Legal History (monograph)
In July 1725 George Walton of Portsmouth, New Hampshire was called before the Council to answer charges brought by Captain George Walker of “refusing as ferryman to transport troops and horses from Dover to Newington for his Majesty’s service,” …
General Court Of Trials Record Book A (Part 1)
General Court Of Trials Record Book A (Part 1)
Library Archive
Entire Colony of Rhode Island's Court Records.
General Court Of Trials Record Book A (Part 2)
General Court Of Trials Record Book A (Part 2)
Library Archive
Entire colony of Rhode Island's court records.
General Court Of Trials Record Book A (Part 5)
General Court Of Trials Record Book A (Part 5)
Library Archive
Entire colony of Rhode Island's court records.
General Court Of Trials Record Book A (Part 3)
General Court Of Trials Record Book A (Part 3)
Library Archive
Entire colony of Rhode Island's court records.
General Court Of Trials Record Book A (Part 4)
General Court Of Trials Record Book A (Part 4)
Library Archive
Entire colony of Rhode Island's court records.
Provincial Case File No. 18120, New Hampshire State Archives - Petition And Judgment Of Captain John Owen
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
Indeed, even a litigant who was not in prison might attach a good deal of importance to securing a prohibition against admiralty proceedings in favor of ones at common law so that his or her liabilities would be determined by a jury. … attempt by Captain John Owen to have common law jury consider factual issues arising out of remarkable peregrinations of his vessel, crew, and cargo, which admiralty had held legally irrelevant.
Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 12, 1714
Documents from Making Habeas Work: A Legal History (monograph)
In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …
Superior Court Minutes, 1699-1750, Superior Court Docket Box 1, Folder 1710-1719, New Hampshire State Archives - Confirms Judgment Of Charles Banfild
Documents from Making Habeas Work: A Legal History (monograph)
… and the parties worked out an arrangement for Banfild’s prompt release. Banfild and a guarantor would enter into a penal bond obligating themselves to pay twice the amount due unless within five weeks Banfild paid to the Selectmen the taxes they claimed, less the amounts owed by taxpayers whose obligations the J.P.s had forgiven.
Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 10, 1714
Documents from Making Habeas Work: A Legal History (monograph)
In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …
Journal Of The House Of Representatives, July 24, 1714.
Journal Of The House Of Representatives, July 24, 1714.
Documents from Making Habeas Work: A Legal History (monograph)
The underlying dispute between rival slates of officeholders was resolved over the summer by the provincial House of Representatives.
Superior Court Docket Book, 1699–1738, At 86, New Hampshire State Archives (Spelling In Original).- Judgment Of Charles Banfild
Documents from Making Habeas Work: A Legal History (monograph)
When the Court considered the matter on August 11, 1714, it ordered Banfild to be brought before it, “which order the Sheriff refused to obay.” Irritated, the Court told the Sherriff to have before it the next day not only Banfild “in safe custody,” but also the Justices of the Peace who had committed him to prison, and the Selectmen complained of.
Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, Undated
Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, Undated
Documents from Making Habeas Work: A Legal History (monograph)
In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …
An Act To Compell Constables To Doe Their Duties In Collecting Rates, Passed March 9, 1692–93.
An Act To Compell Constables To Doe Their Duties In Collecting Rates, Passed March 9, 1692–93.
Documents from Making Habeas Work: A Legal History (monograph)
The underlying dispute between rival slates of officeholders was resolved over the summer by the provincial House of Representatives.
Localism, Pretext, And The Color Of School Dollars, Derek W. Black
Localism, Pretext, And The Color Of School Dollars, Derek W. Black
Faculty Publications
No abstract provided.