Issuance of Writ — Form — Formal Defects

1. Law
2. Tennessee Code
3. Remedies and Special Proceedings
4. Habeas Corpus
5. Issuance of Writ — Form — Formal Defects

1. 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 be unlawfully detained by you, before the  court, [or before me, or before E E, Judge, etc., as the case may be], at  , on  [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises.

   This  day of  , 20  . G H, Judge, etc.

2. The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.
3. When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially.

Code 1858, §§ 3727, 3728, 3741; Shan., §§ 5507, 5508, 5521; Code 1932, §§ 9678, 9679, 9691; T.C.A. (orig. ed.), §§ 23-1810 — 23-1812.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 157.

Cited: Weatherly v. State, 704 S.W.2d 730, 1985 Tenn. Crim. App. LEXIS 3205 (Tenn. Crim. App. 1985); Ritchie v. State, — S.W.3d —, 2010 Tenn. Crim. App. LEXIS 474 (Tenn. Crim. App. June 14, 2010).

Collateral References. 39 Am. Jur. 2d Habeas Corpus §§ 129, 132.

39, 39A C.J.S. Habeas Corpus §§ 141, 176.

Habeas corpus 65.

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