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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.

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.

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

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.

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

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”.