§ 29-21-119. Proceedings After Defendant’s Return
The plaintiff may demur or reply to the return, and all issues shall be tried by the court or judge in a summary way, the examination being adjourned from time to time, if necessary to the proper administration of justice, and all such orders being made for the custody of the plaintiff, in the meantime, […]
§ 29-21-120. Adjustment of Bail
The plaintiff may also, in any case, be committed, let to bail, or the plantiff’s bail diminished or increased, as justice may require. Code 1858, § 3750; Shan., § 5530; Code 1932, § 9700; T.C.A. (orig. ed.), § 23-1828.
§ 29-21-121. Subpoena of Witnesses
Subpoena for witnesses in all proceedings under this chapter may be issued by the court or judge granting the writ, or before whom the same is returnable, or by any general sessions judge. Witnesses thus summoned are subject to the same penalties and entitled to the same privileges and fees as other witnesses. Upon failure […]
§ 29-21-122. Discharge of Plaintiff or Remand to Custody
If no sufficient legal cause of detention is shown, the plaintiff shall be discharged. The party detained shall be remanded to custody: If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; Where […]
§ 29-21-123. Effect of Irregular Commitment
Although the commitment of the person detained may have been irregular, still, if the court or judge is satisfied, from the examination, that the person ought to be held to bail, or committed, either for the offense charged, or any other, the order shall be made accordingly. Code 1858, § 3752; Shan., § 5532; Code […]
§ 29-21-124. Filing of Records — Costs
The proceedings under a writ of habeas corpus, including all the papers in the cause, and the final order, shall be returned by the judge to the nearest court served by that judge, to be filed there by the clerk, as other records, a brief memorandum thereof, duly indexed, being made upon the judgment or […]
§ 29-21-114. Taking Plaintiff Into Custody
If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff’s person in such case, the person possesses […]
§ 29-21-105. Place of Application for Writ
The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge. Code 1858, § 3724; Shan., § 5504; Code 1932, § 9675; C. Supp. 1950, § 9675; T.C.A. (orig. ed.), […]
§ 29-21-106. Habeas Corpus Proceedings in Municipal Courts, Corporation Courts and Courts of General Session Jurisdiction
The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without […]
§ 29-21-107. Petition — Affidavit
Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner’s behalf, and verified by affidavit. The petition shall state: That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom […]