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Maurice A. Deane School of Law at Hofstra University
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
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Hillsborough County Case File, No. 8133, New Hampshire State Archives - Order To Quash Proceedings - Benjamin Whittemore
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
There was a subsequent indictment of Whittemore for assaulting Chase and carrying away the deed, to which he pleaded not guilty.
Judgment Book Of Superior Court, Vol. G, Feb. 1771-Sept. 1773, At 126-27, 178-79, New Hampshire State Archives - Selectmen Of Stratham
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
Following dismissal of attempted appeal, Selectmen of Stratham in 1771 are granted certiorari to quash order obtained below by inhabitants of Exeter imposing costs of maintaining an indigent.
Provincial Case File No. 16916, New Hampshire State Archives - Summary Of Pearse V. March
Provincial Case File No. 16916, New Hampshire State Archives - Summary Of Pearse V. March
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
This is a summary of Pearse’s subsequent civil damages action against March.
Provincial Case File No. 25352, New Hampshire State Archives - Peter Pearse
Provincial Case File No. 25352, New Hampshire State Archives - Peter Pearse
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
As appears from the inferior court’s order to show cause and the response thereto … these were the facts as found below. Pearse did not contest them during the subsequent proceedings.
Judgment Book Of Superior Court, Vol. F, 1767-70, At 385-87, New Hampshire State Archives - Legislative Papers - Anna Foss
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
In the spring of 1767, Anna Foss left her husband Zachariah Foss on account of alleged maltreatment and sought refuge in the house of her son, John Adams. Zachariah might have brought a habeas action against John requiring him to produce Anna.
Provincial Case File No. 13058, New Hampshire Stare Archives - Petition Of Anna Foss
Provincial Case File No. 13058, New Hampshire Stare Archives - Petition Of Anna Foss
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
In the spring of 1767, Anna Foss left her husband Zachariah Foss on account of alleged maltreatment and sought refuge in the house of her son, John Adams. Zachariah might have brought a habeas action against John requiring him to produce Anna, which would have resulted in an equitable ruling by the bench.
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. 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.”
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.