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Maurice A. Deane School of Law at Hofstra University

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

Zebulon Marsh

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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.


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,”