§ 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 […]
§ 29-21-108. Duty of Court — Wrongful Failure to Grant Writ
It is the duty of the court or judge to act upon such applications instanter. 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, […]
§ 29-21-109. Refusal of Writ
If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto. Code 1858, § 3726; Shan., § 5506; Code 1932, § 9677; T.C.A. (orig. ed.), § 23-1809.
§ 29-21-110. Issuance of Writ — Form — Formal Defects
If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows: State of Tennessee, To the sheriff, etc. [or to A B, as the case may be]: County You are hereby commanded to have the body of C B, who is alleged to […]
§ 29-21-111. Person by Whom Writ Served
The writ may be served by the sheriff, coroner, or constable, or any other person appointed for that purpose by the court or judge by whom it is issued or allowed. If served by any other person than the sheriff, that person possesses the same power, and is liable to the same penalty for nonperformance […]
§ 29-21-101. Grounds for Writ
Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint. Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence […]
§ 29-21-102. Federal Prisoners
Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such judges or courts have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts, are not entitled to the […]
§ 29-21-103. Judges Authorized to Grant Writ
The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance. Code 1858, § 3723; Shan., § 5503; mod. Code 1932, § 9674; T.C.A. (orig. ed.), § 23-1803.
§ 29-21-104. Issuance of Writ Without Application
Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although […]