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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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, § […]
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. […]
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. […]
