§ 29-21-130. Refusal of Officer to Deliver Copy of Process
Any officer refusing to deliver a copy of any legal process by which the officer retains a party in custody to a person who demands such copy, and tenders the fees therefor, forfeits two hundred dollars ($200) to the person so detained. Code 1858, § 3759; Shan., § 5539; Code 1932, § 9709; T.C.A. (orig. […]
§ 29-21-125. Costs — General Rule
The costs of proceedings under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other cases. Code 1858, § 3762; Shan., § 5542; Code 1932, § 9712; T.C.A. (orig. ed.), § 23-1834.
§ 29-21-126. Costs on Discharge of Criminal Defendant
Where the defendant in a criminal prosecution is brought before any circuit or criminal judge on a writ of habeas corpus, and discharged by the judge, the costs shall be paid as in other state cases, when the defendant is tried and acquitted by a jury. When the defendant in the cases provided for in […]
§ 29-21-127. Appeal
Any party, either relator or defendant, in any habeas corpus case shall have the right of appeal to the proper appellate court from any judgment or decree rendered against such party by an inferior court. The party so appealing shall give bond and security for the costs of such appeal except where the relator or […]
§ 29-21-128. Disobedience of Writ or Order
Disobedience of the original writ, or any subsequent order thereon, subjects the defendant to commitment for contempt, and also to a forfeiture of one thousand dollars ($1,000) to the party aggrieved, besides rendering the defendant liable for all damages sustained in consequence of such disobedience. Code 1858, § 3754; Shan., § 5534; Code 1932, § […]
§ 29-21-129. Evasion of Service
The attempt to elude the service of the writ of habeas corpus, or to avoid the effect thereof by transferring the plaintiff out of the jurisdiction or to another person, or by concealing the plaintiff, or the place of the plaintiff’s confinement, is a Class C misdemeanor. Code 1858, § 3755; Shan., § 5535; mod. […]
§ 29-21-115. Precept
The court or judge to whom the application for the writ is made, if satisfied that the plaintiff is likely to suffer irreparable injury before the plaintiff could be relieved by the proceedings as authorized in §§ 29-21-112 — 29-21-114, may issue a precept to the sheriff, or other person selected, commanding the sheriff or […]
§ 29-21-116. Defendant’s Appearance and Return — Answer
Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required. The person served with the writ shall state in the return, plainly and unequivocally: Whether the person then has, or at […]
§ 29-21-117. Production of Plaintiff by Defendant
At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so. If the cause shown for not producing such person be sickness or infirmity, the fact […]
§ 29-21-118. Waiver of Plaintiff’s Right to Be Present
The plaintiff, in writing, or the plaintiff’s attorney, may waive the right to be present at the examination, in which case the proceedings may be had in the plaintiff’s absence. Code 1858, § 3753; Shan., § 5533; Code 1932, § 9703; T.C.A. (orig. ed.), § 23-1826. Collateral References. 39A C.J.S. Habeas Corpus § 185. Habeas […]