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Full-Text Articles in Legal History

Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011) Mar 2011

Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… discussing differences between social role of American and English J.P’s, they were a natural target of damages actions.


29 Provincial Papers Of New Hampshire Iv-Vi (Albert S. Batchellor Ed., 1891) Jan 1891

29 Provincial Papers Of New Hampshire Iv-Vi (Albert S. Batchellor Ed., 1891)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

The Masonian reference is to a politically-charged series of land disputes that roiled the justice system of the colony for many of its early years and was not ultimately resolved until 1790


John M. Mcclintock, History Of New Hampshire 501–02 (Boston, B.B. Russell 1889) Jan 1889

John M. Mcclintock, History Of New Hampshire 501–02 (Boston, B.B. Russell 1889)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

The War of 1812 was highly controversial domestically, especially in federalist New England16 and particularly prior to April 1814 - the period during which the British blockade of the Atlantic Coast exempted ports from Boston northward. One result was widespread smuggling between New England and Canada.


Maine Historical Society, Coll. 8, Box 1/4 - Petition Of Isaac Hodsdon (January 31, 1822) Jan 1822

Maine Historical Society, Coll. 8, Box 1/4 - Petition Of Isaac Hodsdon (January 31, 1822)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Hodsdon signed a petition to Congress seeking compensation for his expenses in connection with his various legal entanglements. … Hodsdon accordingly sought reimbursement from “the Government of the United States, the orders of whose officers he has strictly obeyed,” for his expenses “in defending himself in prosecutions brought against him for doing a duty, which he was bound as a subordinate officer to do.


Foreign News, N.H. Gazette, May 30, July 15, 1817 Jul 1817

Foreign News, N.H. Gazette, May 30, July 15, 1817

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Meanwhile, as readers of New Hampshire newspapers would have been aware, there was a controversial partial suspension of the writ in England during 1817-18 in consequence of disorderly protests in support of political and industrial reform.


The Season Of Deception, N.H. Patriot6, March 8, 1814 Mar 1814

The Season Of Deception, N.H. Patriot6, March 8, 1814

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Rebuts claim of rival newspaper that Hodsdon was guilty of military despotism.


Judgment Book Of The Rockingham County Superior Court, Vol. M, Sept. 1793 - Sept. 1796, At 494–96 - Warner V. Dame Sep 1796

Judgment Book Of The Rockingham County Superior Court, Vol. M, Sept. 1793 - Sept. 1796, At 494–96 - Warner V. Dame

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… recording 1796 lawsuit by Warner against Sheriff Dame alleging failure of Dame’s deputy to file writ of attachment he had served on debtor.


Judgment Book Of The Rockingham County Superior Court, Vol. M, Sept. 1793 - Sept 1796, At 377–79, New Hampshire State Archives - Willson V. Reid Sep 1795

Judgment Book Of The Rockingham County Superior Court, Vol. M, Sept. 1793 - Sept 1796, At 377–79, New Hampshire State Archives - Willson V. Reid

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… lawsuit by Willson against Sheriff Reid alleging Reid’s deputy allowed a defendant in jail under attachment to escape.


Judgment Book Of The Rockingham County Superior Court, Vol. L, Apr. 1789 - Apr. 1793, At 96 - Simpson V. Webster, May 1790

Judgment Book Of The Rockingham County Superior Court, Vol. L, Apr. 1789 - Apr. 1793, At 96 - Simpson V. Webster,

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Recording lawsuit by Simpson against Sheriff Webster alleging Webster allowed a defendant in jail for a judgment to escape.


Judgment Book Of The Rockingham County Superior Court, Vol. J, Sept. 1785 - Sept. 1788, At 4–5 - Kimball V. Kelly Sep 1785

Judgment Book Of The Rockingham County Superior Court, Vol. J, Sept. 1785 - Sept. 1788, At 4–5 - Kimball V. Kelly

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Recording lawsuit by Kimball against Sheriff Kelly alleging failure of Kelly’s deputy to execute a money judgment.


Judgment Book Of The Rockingham County Superior Court,Vol. I, Mar. 1782 - Apr. 1785, At 384, New Hampshire State Archives - Kimball V. Calfe Nov 1784

Judgment Book Of The Rockingham County Superior Court,Vol. I, Mar. 1782 - Apr. 1785, At 384, New Hampshire State Archives - Kimball V. Calfe

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… New England tax litigations ... continued after Independence as before, plaintiffs routinely alleged simply that the tax had been imposed “illegally” and went to the jury on the general issue.


Judgment Book Of Superior Court, Vol. F, 1767 - 1770, At 358 - 61, New Hampshire State Archives - Shannon V. Thompson Aug 1769

Judgment Book Of Superior Court, Vol. F, 1767 - 1770, At 358 - 61, New Hampshire State Archives - Shannon V. Thompson

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

The defendant in a land dispute had successfully gotten the action abated for a defect in the pleading of title.


Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 375–77, New Hampshire State Archives - Sandborn V. Reid Oct 1768

Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 375–77, New Hampshire State Archives - Sandborn V. Reid

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Llawsuit by James Sandborn and his wife Esther against Deputy Sheriff Rand alleging he allowed a defendant in jail for a judgment to escape.


Judgment Book Of Superior Court, Vol. F, 1767-1770, At 203-04, New Hampshire State Archives, At 203–04 - King V. Blay Aug 1768

Judgment Book Of Superior Court, Vol. F, 1767-1770, At 203-04, New Hampshire State Archives, At 203–04 - King V. Blay

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Claggett later served as King’s Attorney in a notorious prosecution that resulted in the 1768 hanging of Ruth Blay, who had delivered a stillborn child out of wedlock and concealed its body


Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 83-84, New Hampshire State Archives, At 428 - Weare V. Weare, Dec 1766

Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 83-84, New Hampshire State Archives, At 428 - Weare V. Weare,

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… New England tax litigations ... continued after Independence as before, plaintiffs routinely alleged simply that the tax had been imposed “illegally” and went to the jury on the general issue.


Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 194, New Hampshire State Archives - Pert V. Odel Oct 1765

Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 194, New Hampshire State Archives - Pert V. Odel

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Unsuccessful action tried in 1765 alleging that the collection was “against the peace and the laws of the land”.


Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 189, New Hampshire State Archive - Langdon V. Clark Aug 1765

Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767, At 189, New Hampshire State Archive - Langdon V. Clark

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… successful action brought in 1764 alleging same in which by agreement town seemingly substituted on appeal for defendant Selectmen. The jurors thus decided both whether the tax was illegal and whether or not the defendant officers knew or should have known of the illegality.


Provincial Case File No. 23475, New Hampshire State Archives, Which Also Contains A Copy Of The Altered Mittimus Against James Dwyer Signed By Wyseman Claggett Dec 1761

Provincial Case File No. 23475, New Hampshire State Archives, Which Also Contains A Copy Of The Altered Mittimus Against James Dwyer Signed By Wyseman Claggett

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

...Claggett reluctantly signed a mittimus committing him [James Dwyer] to jail. “[B]y mistake [he] dated it 3d November instead of December which he afterwards at gaol keepers request rectified.


Judgment Book Of Superior Court, Vol. D, Vol. D, May 1760 - Nov. 1763, At 27–28, New Hampshire State Archives - Monson V. Ban Ll May 1760

Judgment Book Of Superior Court, Vol. D, Vol. D, May 1760 - Nov. 1763, At 27–28, New Hampshire State Archives - Monson V. Ban Ll

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… 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.