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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.

Georgia Constitution Of 1789 As Amended Through 1795, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

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,

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

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.

The Case, Trevett Against Weeden

Library Archive

Wherein the Rights of the People to Trial by Jury, &c. are dated and maintained, and the Legislative, Judiciary and Executive Powers of Government examined and denned.

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

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

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

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 - 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

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.

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

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.

At A Convocation Of The Visitors Of The College Of William And Mary, On The 4th Day Of December 1779, A Statute Was Passed, Of Which The Following Is An Extract, College Of William & Mary

1779–1789: George Wythe

At a convocation of the visitors of the college of William and Mary, on the 4th day of December 1779, a statute was passed, of which the following is an extract.

The friends of the college being no longer competent to support so extensive an institution, as that which the charter recommends; and when science at large cannot be cultivated, that scheme of education being most proper, which is more immediately subordinate to the leading objects of society:

The scanty stipend lately paid by each scholar for commons, having occasioned a considerable expense,

It being just, that students inducted into …

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.

Georgia Constitution Of 1777, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

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

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. 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 such detainer …

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 such detainer …

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 such detainer …

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

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

This file contains documentation respecting Pearse’s subsequent civil damages action against March.

Judgment Book Of The Superior Court, Vol. G, At 56–59, New Hampshire State Archives - Packer V. Renkin

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

… 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.

Judgment Book Of Superior Court, Vol. G, Feb. 1771 - Sept. 1773, At 45-47, New Hampshire State Archives - Jenness V. Libbee,

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

... Abraham Libbee of Rye, New Hampshire, complained to a Justice of the Peace that Joseph Jenness had stolen two of his oxen. This resulted in the issuance of a warrant, the seizure of two oxen from Jenness, and the indictment of the latter for theft. After the Attorney General dropped the case Jenness sued Libbee for malicious prosecution, asserting that he had “caused such a misrepresentation of facts to be made to the ... Grand Jury as induced them” to return the indictment.

Provincial Case File No. 26274, New Hampshire State Archives, Judgment Book Of Superior Court, Vol. G, At 83 - Judgment Of William Licht

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

To the extent that one can retrospectively impose order on the cases ... one key variable may have been whether the would-be appellant was still in prison. At any rate, when William Licht was summarily incarcerated by a J.P. (and then released on bail) in 1770 on the complaint of two townspeople of Chester, New Hampshire for harboring a potentially indigent stranger, he pursued his appeal, successfully, by bringing certiorari proceedings.

Provincial Case File No. 25352, New Hampshire State Archives - Judgment Of Peter Pearse

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

Peter Pearse had an encounter on a New Hampshire street with Clement March, a J.P. whom he had just seen inside the courthouse. Pearse asked March “what reason he had to call him a chattering fellow in the Court,” and “added that the said March was a Blockhead as much as any in a Barber’s Shop and called him a Rogue afterwards.” March responded by having Pearse presented for contempt to his own inferior court, which denied requests for counsel and jury trial, summarily convicted Pearse of contempt, and ordered him imprisoned until such time as he could provide sureties …

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.