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Articles 197041 - 197070 of 197103
Full-Text Articles in Law
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.
Provincial Case File No. 30379, New Hampshire State Archives - Whittemore's Recognizance
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
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
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
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
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
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.
Provincial Case File No. 21991, New Hampshire State Archives - Abraham Libbee Indictment Endorsed With The Prosecutor’S Nolle
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.
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
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
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. 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.
Judgment Book Of Superior Court, Vol. F, 1767-1770, At 5-7, New Hampshire State Archives - Mchard V. Packer
Documents from Making Habeas Work: A Legal History (monograph)
In all three cases creditors claimed that Sheriff Thomas Packer had allowed their debtors to escape from jail on September 1, 1765. Packer prevailed below in all the actions, and on appeal the jury (composed of the same individuals in each case) rendered an “opinion that the Gaol was insufficient when the breach was made,” and gave judgment to Packer
Judgment Book Of Superior Court, Vol. F, 1767-1770, At 3-5, New Hampshire State Archives - Clement V. Packer
Documents from Making Habeas Work: A Legal History (monograph)
In all three cases creditors claimed that Sheriff Thomas Packer had allowed their debtors to escape from jail on September 1, 1765. Packer prevailed below in all the actions, and on appeal the jury (composed of the same individuals in each case) rendered an “opinion that the Gaol was insufficient when the breach was made,” and gave judgment to Packer
Judgment Book Of Superior Court, Vol. F, 1767-1770, At 7-9, New Hampshire State Archives - Mcgregore V. Packer
Documents from Making Habeas Work: A Legal History (monograph)
In all three cases creditors claimed that Sheriff Thomas Packer had allowed their debtors to escape from jail on September 1, 1765. Packer prevailed below in all the actions, and on appeal the jury (composed of the same individuals in each case) rendered an “opinion that the Gaol was insufficient when the breach was made,” and gave judgment to Packer
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. 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 The Superior Court, Vol. E, At 357-58, New Hampshire State Archives - Ober V. Woodman
Documents from Making Habeas Work: A Legal History (monograph)
... Nathaniel Woodman of Salem, New Hampshire found himself on the losing end of a lawsuit tried before a Justice of the Peace named John Ober. Ordered to pay the plaintiff 20 shillings, Woodman requested an attested copy of the judgment in order to take an appeal. But, Woodman complained, Ober, “contrary to his ... office, oath and duty,” refused to provide the document, thereby damaging Woodman to the tune of £10. Woodman recovered 5 shillings plus court costs at the trial level, a sum increased to 30 shillings plus costs when Ober appealed.
Judgment Book Of Superior Court, Vol. E, At 201, New Hampshire State Archives - Mccrellis V. Sheppard
Documents from Making Habeas Work: A Legal History (monograph)
Recording successful action by McCrellis against Selectmen for taxing him for the support of a Congregational minister, “knowing the plaintiff to be a member of the Church of England.
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
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.
3 William Blackstone, Commentary On The Laws Of England, Ch. 8, At 129–38 (1765).
3 William Blackstone, Commentary On The Laws Of England, Ch. 8, At 129–38 (1765).
Documents from Making Habeas Work: A Legal History (monograph)
No abstract provided.
Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767 - Shaw V. Moulton
Judgment Book Of Superior Court, Vol. E, May 1764 - Feb. 1767 - Shaw V. Moulton
Documents from Making Habeas Work: A Legal History (monograph)
In a single action Jonathan Shaw sued three J.P.’s for “unjustly and illegally” signing distress warrants resulting in his imprisonment for 10 days and claimed £600 in damages. He lost against all three defendants before three separate juries at three levels of proceedings ending in November 1764.
Judgement Book Of Superior Court, Vol. D, May 1760–November 1763 At 377 - Claggett V. Waldron
Judgement Book Of Superior Court, Vol. D, May 1760–November 1763 At 377 - Claggett V. Waldron
Documents from Making Habeas Work: A Legal History (monograph)
See also Claggett v. Gunnison
Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 15-18, New Hampshire State Archives - Pickering V. Greley
Documents from Making Habeas Work: A Legal History (monograph)
Recording claim, rejected by both trial and appeals juries, by John Pickering against Sheriff Richard Greley that Greley had wrongfully imprisoned him for three days on a civil attachment notwithstanding his tender of full amount required.
Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 256, New Hampshire State Archives - King V. Claggett
Documents from Making Habeas Work: A Legal History (monograph)
Wyseman Claggett, a New Hampshire Justice of the Peace, was indicted on a charge that he had on December 3, 1761 signed a mittimus bearing the date of November 3, 1761 against one James Dwyer of Portsmouth, resulting in Dwyer’s imprisonment for twenty hours ....