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Full-Text Articles in Legal History

Letter From Buckner Thurston To Harry Innes (Feb. 18, 1807) Feb 1807

Letter From Buckner Thurston To Harry Innes (Feb. 18, 1807)

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

With the prisoners present, the Court “fully examined and attentively considered,” on an item-by-item basis, “the testimony on which they were committed,” held it insufficient, and ordered their discharge.


Judgment Book Of The Rockingham County Superior Court, Vol. M, At 347–51, New Hampshire State Archives - Gile V. Hilton Sep 1799

Judgment Book Of The Rockingham County Superior Court, Vol. M, At 347–51, New Hampshire State Archives - Gile V. Hilton

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

A deputy sheriff seems to have seized a wrong tract of land. But ... it is plausible on the facts that he was unaware of the true ownership and ... the officer prevailed.


Judgment Book Of The Rockingham County Superior Court, Vol. O, Feb. 1799 - Sept. 1800, At 236–41, New Hampshire State Archives - Larkin V. Reid Sep 1799

Judgment Book Of The Rockingham County Superior Court, Vol. O, Feb. 1799 - Sept. 1800, At 236–41, New Hampshire State Archives - Larkin V. Reid

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

A deputy sheriff seems to have seized a wrong tract of land. But ... it is plausible on the facts that he was unaware of the true ownership and ... the officer prevailed.


Judgment Book Of The Rockingham County Superior Court, Vol. O, At 255–59, New Hampshire State Archives - Perley V. Webster Sep 1799

Judgment Book Of The Rockingham County Superior Court, Vol. O, At 255–59, New Hampshire State Archives - Perley V. Webster

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

The plaintiff claimed that one of Sheriff Webster’s deputies had been ordered to make a pendente lite attachment and had filed a return detailing the goods seized. But when Perley was granted final judgment, the goods were nowhere to be found.


Judgment Book Of The Rockingham County Superior Court, Vol. O, At 161–63, New Hampshire State Archives - Eastman V. Kelly, Feb 1799

Judgment Book Of The Rockingham County Superior Court, Vol. O, At 161–63, New Hampshire State Archives - Eastman V. Kelly,

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

… a deputy sheriff pocketed the proceeds of a judgment on which he had executed, suit was brought against the sheriff, he entered a sham plea and defaulted on appeal, and the judgment creditor therefore prevailed.


Judgment Book Of The Rockingham County Superior Court, Vol. N, Feb. 1797 - Sept. 1798, At 101-03, New Hampshire State Archives - Bartlett V. Reid Feb 1797

Judgment Book Of The Rockingham County Superior Court, Vol. N, Feb. 1797 - Sept. 1798, At 101-03, New Hampshire State Archives - Bartlett V. Reid

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

George Reid, the Sheriff of New Hampshire’s Rockingham County, was sued twice within a few months because different ones of his deputies had failed to serve writs of execution, thereby causing losses to the judgment creditors.


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, 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.


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.


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 - 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.


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


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.


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.


Hillsborough County Case File, No. 8133, New Hampshire State Archives - Order To Quash Proceedings - Benjamin Whittemore Sep 1771

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 Sep 1771

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. 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 ...


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 ...


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 ...


Provincial Case File No. 16916, New Hampshire State Archives - Summary Of Pearse V. March Feb 1771

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. 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.