§ 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 […]
§ 29-21-112. Mode of Service — Persons Served
The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original. Any person served with the writ is presumed to be the person for whom it is intended, although it may be directed to the person by a wrong name or description, […]
§ 29-21-113. Arrest of Defendant
If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is […]
§ 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.), […]