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Articles 9961 - 9990 of 10003
Full-Text Articles in Legal History
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 ....
Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Quash Indictment Of Wyseman Claggett
Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Quash Indictment Of Wyseman Claggett
Documents from Making Habeas Work: A Legal History (monograph)
Claggett demurred to the indictment and it was quashed by the court, putting an end to the criminal case.
Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 257, New Hampshire State Archives; Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Wyseman Claggett
Documents from Making Habeas Work: A Legal History (monograph)
Claggett demurred to the indictment and it was quashed by the court, putting an end to the criminal case.
Provincial Case File No. 23475, New Hampshire State Archives - Indictment Of Wyseman Claggett
Provincial Case File No. 23475, New Hampshire State Archives - Indictment Of Wyseman 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 ....
Provincial Case File No. 23536, New Hampshire State Archives - Dwyer V. Claggett
Provincial Case File No. 23536, New Hampshire State Archives - Dwyer V. Claggett
Documents from Making Habeas Work: A Legal History (monograph)
Dwyer subsequently brought a false imprisonment action against Claggett and Fitzgerald, claiming £1,000 damages for ten days of imprisonment.
Provincial Case File No. 23475, New Hampshire State Archives, Which Also Contains A Copy Of The Altered Mittimus Against James Dwyer Signed By Wyseman Claggett
Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)
...Claggett reluctantly signed a mittimus committing him [James Dwyer] to jail. “[B]y mistake [he] dated it 3d November instead of December which he afterwards at gaol keepers request rectified.
Judgment Book Of Superior Court, Vol. D, Vol. D, May 1760 - Nov. 1763, At 27–28, New Hampshire State Archives - Monson V. Ban Ll
Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)
… 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. B, Sept. 1750–Mar. 1754, At 87–88, New Hampshire State Archives - Appeal Of Vincent And Lois Tarr
Documents from Making Habeas Work: A Legal History (monograph)
She [Phebe Nung] brought an action of replevin against her alleged owners, Vincent and Lois Tarr, to test who had the superior right to possession of herself, the subject of the action. The Sheriff promptly seized her pendente lite--that is, he took an appearance bond from Nung--and the case was tried to a jury. It found in her favor and the same result was reached on appeal, with the court ruling that she was “a free woman and that she enjoy her freedom.
Judgment Book Of Superior Court, Vol. B, Sept. 1750-Mar. 1754, At 130-34, New Hampshire State Archives - John Galton
Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)
Defendants in suit for seaman’s wages seek prohibition because contract has been assigned and assignment is a land-based contract. … on consideration of foregoing case granting prohibition in Feb. Term 1751 at suit of John Galton et al.
Provincial Case File No. 22138, New Hampshire State Archives - Petition Of Phebe Nung
Provincial Case File No. 22138, New Hampshire State Archives - Petition Of Phebe Nung
Documents from Making Habeas Work: A Legal History (monograph)
She [Phebe Nung] brought an action of replevin against her alleged owners, Vincent and Lois Tarr, to test who had the superior right to possession of herself, the subject of the action. The Sheriff promptly seized her pendente lite--that is, he took an appearance bond from Nung--and the case was tried to a jury. It found in her favor and the same result was reached on appeal, with the court ruling that she was “a free woman and that she enjoy her freedom.
Judgment Book Of Superior Court, Vol. B, Sept. 1750 - Mar. 1754, At 260, New Hampshire State Archives - Bagley V. Elliot
Documents from Making Habeas Work: A Legal History (monograph)
… “that the King has not by law a power to make a second charter with addition of persons and estates for a town which has one in full force at the time of making the second so as bind the town thereby without their consent."
Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 463-64, New Hampshire State Archives - Ruling For Elizabeth Bird
Documents from Making Habeas Work: A Legal History (monograph)
An abused apprentice, she [Elizabeth Bird, the mother]prayed simply for “the advisement of this Court on the Premises and that your complainant may have some relief in the Premises.
Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 341-42, New Hampshire State Archives - Bird Order
Documents from Making Habeas Work: A Legal History (monograph)
The court responded by issuing a writ of habeas corpus to have Winter brought before it, which was done the same day. It reviewed the indenture he produced, and there being “nothing made to appear that the said servant had ever been provided for as in said indenture mentioned and the particular facts complained of appearing to be true” ... the court concluded that Winter was not entitled to retain John’s custody, which was returned to his mother.
Provincial Case File No. 23254, New Hampshire State Archives - Petition Of Elizabeth Bird
Provincial Case File No. 23254, New Hampshire State Archives - Petition Of Elizabeth Bird
Documents from Making Habeas Work: A Legal History (monograph)
In the fall of 1749, the widow Elizabeth Bird of Portsmouth, New Hampshire complained in forma pauperis to the Superior Court that her son John Bird, age fourteen, was apprenticed to a ropemaker named Richard Winter but that the latter (who was in prison) had for a long period neglected John--failing “to provide suitable and sufficient meat drink lodging and clothing” and not permitting him to attend public worship. She prayed simply for “the advisement of this Court on the Premises and that your complainant may have some relief in the Premises.
Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson's Mittimus
Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson's Mittimus
Documents from Making Habeas Work: A Legal History (monograph)
In New Hampshire, as elsewhere, suits by alleged slaves claiming freedom were common, and they could be brought in many legal forms. One possibility was to petition for a writ of habeas corpus and thereby commence ordinary proceedings under that writ. That is what Peter Johnson of Portsmouth, New Hampshire did in the summer of 1748 in claiming that he had been wrongfully “imprisoned for refusing to serve as a slave