| 4044 |
N.H. |
1951-07-02 |
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Hinz v. Perkins
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… Kenison, J. The office of habeas corpus in interstate rendition is generally confined to: “(1) the correctness of the requisition papers, (2) the relator’s identity, (3) whether the relator is a fugitive, (4) whether 'a crime is substantial …
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| 4004 |
N.H. |
1951-02-06 |
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Gobin v. Hancock
|
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… ned or otherwise restrained of his personal liberty to be entitled to a writ of habeas corpus. R. L., c. 406, s. 1; Van Meter v. Sanford, 99 F. (2d) 511; 39 C. J. S. 428; 25 Am. Jur. 158 . Having been granted his release from imprisonment, …
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| 3972 |
N.H. |
1950-12-05 |
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In Re Moulton
|
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… t the right of a committed person to question the legality of the commitment by habeas corpus. Malone v. Overholzer , (U.S.D.C.) supra. ^Anyone who attempts to understand, without preconceived ideas of his own, the complex problems involved …
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| No. 3851. |
N.H. |
1949-10-03 |
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Trow v. Trow
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… , 86 N. H. 190). While certain temporary and intermediate orders may be made in habeas corpus (Sheehy v. Sheehy, 88 N. H. 223) or injunction proceedings (Hartnett v. Hartnett, 93 N. H. 406), this is by virtue of the statutes and not because …
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| No. 3834. |
N.H. |
1949-10-03 |
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Petition of Morin
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… pending hearing. R. L., c. 132, ss. 6, 7. The refusal of the Superior Court on habeas corpus to invalidate the order was not error. Upon such an application, made for the purpose of determining the proper custody of a minor the Court is *5 …
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| No. 3756. |
N.H. |
1948-05-21 |
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Carpenter v. Berry
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… Blandin, J. The petition for habeas corpus must be denied, and in so deciding we are treating the matter as though the petition were properly amended by adding an application for a writ of certiorari. Kruzas v. O’Dowd, 83 N. H. 173. Since c …
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| No. 3293. |
N.H. |
1942-02-03 |
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Fortier v. Frink
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… n the Superior Court was illegal. Their contention is thus stated: “The writ of habeas corpus should issue when the application sets forth facts which, if proved, will entitle the prisoner to be freed. The writ issues against the custodian …
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| No. 3262. |
N.H. |
1941-12-02 |
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State v. Coan
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… mitted by the Municipal Court in the conduct of that case can be corrected upon habeas corpus. State v. Towle, 42 N. H. 540; State v. Shattuck, 45 N. H. 205, 211; Kruzas v. O’Dowd, 83 N. H. 173, 175. If, however, “the refusal to grant the a …
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| No. 3211. |
N.H. |
1940-10-01 |
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State v. Chaplinsky
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… ll in final adjudication be held validly imposed. The application for a writ of habeas corpus is denied, since remedy thereby would be only of duplication. Ordered accordingly. …
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| cl-3571642 |
N.H. |
1936-06-26 |
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Sheehy v. Sheehy
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… urt as incidental to its power to “administer the summary and drastic remedy of habeas corpus." It is further suggested, however, that the court exceeded its jurisdiction in making the statement that “I cannot be unmindful of the fact that …
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| cl-3571562 |
N.H. |
1933-04-04 |
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Brown v. Jewell
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… where it is treated as an original proceeding. Except when resort may be had to habeas corpus proceedings, and aside from cases where the child has property, a surviving parent can be removed from his statutory guardianship only on proof of …
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| cl-3569724 |
N.H. |
1931-04-07 |
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Leclerc v. Leclerc
|
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… of course, true that questions of custody may come before the superior court in habeas corpus proceedings, and in such a case the court must determine whether the child’s welfare will be best promoted by a change in custody. State v. Richar …
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| cl-3570134 |
N.H. |
1930-06-03 |
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Dunlap v. Dunlap
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… diminishes as the child reaches adolescence, is well recognized in law. Thus in habeas corpus to regain custody, account is to be taken of the child’s wishes if it has “come to years of discretion.” State v. Libbey, 44 N. H. 321. In such a …
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| cl-3575682 |
N.H. |
1929-05-07 |
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Ghilain v. Couture
|
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… another state. Butler v. Butler, 83 N. H. 413. A foreign guardian may maintain habeas corpus to obtain the custody of a minor ward. Hanrahan v. Sears, 72 N. H. 71, 73. See Leonard v. Putnam, supra, 253. While the recognition of foreign rep …
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| cl-3571208 |
N.H. |
1927-12-06 |
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Kruzas v. O'Dowd
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… be. If the lower tribunal had jurisdiction, its acts could not be revised upon habeas corpus. State v. Towle, 42 N. H. 540; State v. Shattuck, 45 N. H. 205. The proper proceeding would be an application for a writ of certiorari. Sylvester …
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| cl-3573668 |
N.H. |
1913-03-04 |
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White v. White
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… custody of the child, either by bringing forward the divorce proceeding or upon habeas corpus. He apparently concedes, and such is undoubtedly the law, that if the child’s domicile is in this state the court would have jurisdiction to deter …
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| cl-3572450 |
N.H. |
1911-10-03 |
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Dinsmore v. Mayor of Manchester
|
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… ty to issue writs of error, certiorari, and prohibition, and may issue writs of habeas corpus and all other writs and processes to other courts, to corporations, and to individuals.” P. S., c. 204, s. 2. “One object [of this statute] to be …
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| cl-3573083 |
N.H. |
1910-09-29 |
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Boston & Maine Railroad v. State
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… ferees would have had no jurisdiction of the witness’ petition for release upon habeas corpus, is too plain for discussion. Whether the witnesses’ privilege excuses them from disclosure is a question of law which this court must decide for …
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| cl-3575269 |
N.H. |
1908-06-02 |
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Petition of Snow
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… ir attorney. Since this is so, the plaintiffs’ exception to Snow’s discharge on habeas corpus must be overruled if his possession of the copy was the possession of his clients. It is usually held that if an attorney has a paper belonging to …
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| cl-3575972 |
N.H. |
1907-04-02 |
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Petition of Moebus
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… hen, as he does now, to litigate the question of his identity on a petition for habeas corpus, insisting' that it is immaterial, if, as he claims, he was forcibly brought to this state and lodged in the state prison without a judicial heari …
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| cl-3570713 |
N.H. |
1905-10-03 |
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Petition of Moebus
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… ther this court has original jurisdiction to entertain a petition for a writ of habeas corpus (P. S., c. 289, ss. 8, 18; Laws 1901, c. 78, ss. 2, 5, 7) is a question of grave doubt, and one which we are not inclined to pass upon except when …
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| cl-3573892 |
N.H. |
1904-12-06 |
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Meehan v. Bachelder
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… or, certiorari, mandamus, prohibition, and quo warranto, and may issue writs of habeas corpus and all other writs and processes to courts of inferior jurisdiction, to corporations and individuals, for the furtherance of justice and the due …
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| cl-3574368 |
N.H. |
1903-06-02 |
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State Ex Rel. Munsey v. Clough
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… right in this respect. Under the law of this state, she could sue out a writ of habeas corpus and test the question whether she was a fugitive from justice; and if it were made to appear to the court that the finding of the governor on this …
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| cl-3573416 |
N.H. |
1903-03-03 |
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Hanrahan v. Sears
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… inor ward living, with his consent, in this state, it is well settled that upon habeas corpus, whether brought by a parent or a guardian, the controlling consideration is the present and prospective welfare of the child. Even the parent has …
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| cl-3575062 |
N.H. |
1902-12-27 |
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State Ex Rel. v. Clough
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… soner has not fled or is not a fugitive from justice rests upon the prisoner in habeas corpus proceedings.” In that case the warrant did not contain a finding that the prisoner was a fugitive. It simply recited that “ a demand has been made …
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| cl-3573522 |
N.H. |
1902-12-18 |
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Wilkins' Petition
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… e officer upon that process terminated, from the moment he receives the writ of habeas corpus (Matson v. Swanson, 131 Ill. 255 ); and it is generally recognized that his authority thereunder is suspended upon the return of the writ of habea …
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| cl-3572674 |
N.H. |
1902-06-20 |
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Buttrick v. Emery
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… Walker, J. The statute provides that 'a writ of habeas corpus may be served by “ any person, by delivering the original to the person to whom it is directed.” P. S., c. 239, s. 14. “ If a person to whom a writ of habeas corpus is directed r …
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| cl-3569916 |
N.H. |
1902-01-07 |
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Dickinson v. Farwell
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… yet if the defendant cannot abate the writ, what remedy has he ? Relief upon a habeas corpus would come too late to answer the object of the statute. The sheriff is not liable; nor is the plaintiff liable, because the arrest may be without …
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| cl-3571451 |
N.H. |
1901-11-06 |
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Page v. Claggett
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… warrant, took the plaintiff’s body, and the plaintiff petitioned for a writ of habeas corpus. The petition was denied, and the plaintiff excepted. 1. The special contract between the town and collector, whereby the latter, in consideration …
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| cl-3573084 |
N.H. |
1900-12-05 |
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Foote v. Nickerson
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… A wife, living separate from her husband under an agreement, sued out a writ of habeas corpus to be freed from imprisonment by him in the mint. The court said: “An agreement between husband and wife to live separate, and that she shall have …
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| cl-3569767 |
N.H. |
1891-06-05 |
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Dow's Petition
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… Habeas Corpus. Upon complaint heard'at the trial term for violation of an injunction, the petitioner, being in custody and being brought before two justices of the court, moved to be discharged. The case was adjourned into the law term, whe …
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| cl-3571337 |
N.H. |
1890-06-05 |
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Ricker's Petition
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… “was an action against the keeper of the Queen’s prison for a false return to a habeas corpus. On the trial, before HollocJc, C. B., . . . the plaintiff, who was in custody, did not appear by either counsel or attorney, or in person; but hi …
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| cl-3570493 |
N.H. |
1889-12-05 |
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Philpot v. State
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… Bingham, J. Petition for a writ of habeas corpus presented to a justice, and adjourned to the law term. The facts appear from copies of records. May 21,1888, in the police court of Dover, the plaintiff pleaded nolo contendere to a complaint …
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| cl-3573337 |
N.H. |
1886-12-05 |
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Dow v. Northern Railroad
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… dent of real estate, so the right of personal liberty includes self-defence and habeas corpus, as necessary means of exercising and enjoying it; and the right, of property includes the right that an equitable interest shall not fail for wan …
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| cl-3571952 |
N.H. |
1886-12-05 |
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Boody v. Watson
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… if any person be committed to prison, this court upon motion ought to grant an habeas corpus, and upon return of the cause do justice and relieve the party wronged. And this may be done though the party grieved hath no privilege in this co …
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| cl-3571565 |
N.H. |
1885-06-05 |
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State Ex Rel. Cunningham v. Ray
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… Ill. 280 , S. C., 8 Am. R. 645, was an-application by the father for a writ of habeas corpus for the discharge from a reform school of his minor son. A statute of Illinois authorized the commitment to a reform school of children between si …
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| cl-3573311 |
N.H. |
1882-06-05 |
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Wooster v. Plymouth
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… ing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land and not by the laws of nations. To say, as Mr. Wilson does, that a …
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| cl-3572305 |
N.H. |
1876-08-11 |
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Brandon National Bank v. Hatch
|
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… r arrest at the time his petition in bankruptcy is filed, cannot be released on habeas corpus. This conclusion is the necessary construction of the statute, and of the rule of the supreme court founded upon it, that the benefit of the writ …
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| cl-8087865 |
N.H. |
1872-12-15 |
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Fay v. Parker
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… costs, and shall then receive a pardon from the governor and council; and bring habeas corpus: what then ? These questions are very easily propounded; but how to deal with them when they become actual and not abstract propositions, is a mat …
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| cl-8087678 |
N.H. |
1871-07-15 |
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Hammond v. Corbett
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… ct is made peculiar to that locality. Commonwealth v. Murray, 4 Binn. 487 , was habeas corpus, in which the question before the court related to the widowed mother’s right to the custody of her son, aged eighteen, who had enlisted in the Un …
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| cl-8087599 |
N.H. |
1870-06-15 |
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State v. Dolby
|
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… was guilty of a lesser crime. In the matter of Berry 7 Mich. 467 , — which was habeas corpus to relieve a person from imprisonment, under a sentence by a police justice to pay a fine of $50, and in default thereof to be imprisoned ninety d …
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| cl-8087307 |
N.H. |
1865-07-15 |
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State ex rel. Eaton v. Farmer
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… deponent’s case, the attachment was properly issued, and therefore the writ of habeas corpus must be refused. The deponent also declined to answer another class of interrogatories, both upon the ground above stated and because the answers …
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| cl-8087171 |
N.H. |
1864-06-15 |
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State v. Shattuck
|
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… Bellows, J. This is an application for a writ of habeas corpus, to bring up the body of William Mahan, and others, alleged to be imprisoned, and unlawfully restrained of their liberty, in the House of Reformation for Juvenile and Female Off …
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| cl-8087134 |
N.H. |
1863-12-15 |
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State v. Barrett
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… the event of such separation the children should remain with her, the court on habeas corpus awarded the custody of the the children to the wife. It is true, the court also hold that the custody of the children might be awarded to the wife …
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| cl-8086963 |
N.H. |
1862-06-15 |
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Symonds v. Carleton
|
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… the custody of the law in another process; and it appeared, by the return upon habeas corpus, that he could not be brought up without peril of his life, by reason of a compound fracture of his leg, and the court would not allow him to be t …
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| cl-8086851 |
N.H. |
1861-06-15 |
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State ex rel. Welsh v. Towle
|
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… ondent, as deputy of the sheriff, upon the warrant of the magistrate. Upon this habeas corpus, the question is, can the judgment of the magistrate be revised in this way. There is no doubt of the power of the court to look into the proceedi …
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| cl-8087060 |
N.H. |
1860-07-01 |
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State ex rel. Hodgdon v. Libbey
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… Ordinarily a father is entitled to the custody of his minor children, and upon habeas corpus both courts of law and equity have power to award it to him. The application, however, being addressed to the sound discretion of the court, such …
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| cl-8086662 |
N.H. |
1860-06-15 |
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State v. Richardson
|
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… der this process that custody can be awarded to him ? The object of the writ of habeas corpus, in a general sense, is to release a party from illegal restraint; and, when such party has arrived at years of discretion — is sui juris, nothing …
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| cl-8086707 |
N.H. |
1860-06-15 |
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State v. Farrar
|
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… are justly regarded as under illegal restraint. So it is held in proceedings on habeas corpus, and such is the law, we think, that governs this case. The proof that the child had affection for the father was, .therefore, rightfully rejected …
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| cl-8086225 |
N.H. |
1856-07-15 |
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Campbell v. Cooper
|
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… nding the agreement, might revoke his consent, and that the court, on a writ of habeas corpus obtained by the father, was bound to order the child to be restored to the father’s custody. In Day v. Everett, 7 Mass. 145 , Ch. J. Parsons says, …
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