§ 29-21-108. Duty of Court — Wrongful Failure to Grant Writ

1. It is the duty of the court or judge to act upon such applications instanter.
2. A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.

Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.