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Maine Historical Society, Coll. 8, Box 1/4 - Letter From T.H. Cushing To Isaac Hodsdon (Dec. 29, 1813)

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

... General Thomas H. Cushing of the United States Army wrote from his headquarters in Boston to Captain Isaac Hodsdon … The act, laying an Embargo will justify you in stopping every person or thing which you may find in motion for the enemys country and you will not fail to make every exertion for carrying it into full and complete effect.

Thoughts In Prison, William Dodd

Thompson Rare Book Collection

The following work, as the dates of the respective parts evince, was begun by its unhappy Author in his apartments at Newgate, on the evening of the day subsequent to his trial and conviction at Justice Hall; and was finished, amidst various necessary interruptions, in little more than the space of two months.

The few little pieces subjoined to the Thoughts, and the Author’s Last Prayer, were found amongst his papers. Their evident connection with the Poem was the inducement for adding them to the volume.

Written by the Rev. William Dodd, during his time in prison prior to …

In Re John Lewis Connor, July 18, 1812, Pennsylvania State Archives, Habeas Corpus 1809–1812

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

In that case, the Chief Justice of the state Supreme Court directed a writ of habeas corpus to the commander of a Navy gunboat in Philadelphia harbor calling for the production of Connor. The commander responded in a return of the same date that Connor was lawfully enlisted and continued, “I have here in Court the said John Connor ... to do and be subject to, whatsoever the Court shall consider in his behalf.” On consideration of the matter the Court remanded Connor to his commander.

[Joseph Hopkinson,] Considerations On The Ablition Of The Common Law In The United States 50-58 (Philadelphia, William P. Farrand And Co. 1809)

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

Some authors (Hopkinson), building on Blackstone, pointed out that statutes would inevitably require interpretation.

Supreme Court Minute Book (Entries Of Feb. 16-20, 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.

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

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

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

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,

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.

Georgia Constitution Of 1798 As Amended Through 1849, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1798, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

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

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

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

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,

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.

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.

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.