Duty of Court — Wrongful Failure to Grant Writ

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Habeas Corpus
  5. Duty of Court — Wrongful Failure to Grant Writ

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  1. It is the duty of the court or judge to act upon such applications instanter.
  2. 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, § 9679a; T.C.A. (orig. ed.), § 23-1808.

Compiler's Notes. The misdemeanor provisions in this section may have been affected by the Criminal Sentencing Reform Act of 1989. See §§39-11-114,40-35-110,40-35-111.

Cited: Horne v. Wilson, 316 F. Supp. 247, 1970 U.S. Dist. LEXIS 10513 (E.D. Tenn. 1970); Flinn v. Blackwood, — S.W.3d —, 2011 Tenn. App. LEXIS 181 (Tenn. Ct. App. Apr. 13, 2011); Thurmond v. Sexton, — S.W.3d —, 2011 Tenn. Crim. App. LEXIS 892 (Tenn. Crim. App. Dec. 5, 2011).


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