Mode of Service — Persons Served

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Habeas Corpus
  5. Mode of Service — Persons Served

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  1. The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original.
  2. 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, or to another person.
  3. If the defendant cannot be found, or, if the defendant have not the plaintiff in custody, the service may be made upon any person having the plaintiff in custody, in the same manner and with the same effect as though that person had been made a defendant therein.

Code 1858, §§ 3732, 3733, 3742; Shan., §§ 5512, 5513, 5522; Code 1932, §§ 9682, 9683, 9692; T.C.A. (orig. ed.), §§ 23-1814 — 23-1816.

Law Reviews.

Appellate and Post-Conviction Relief in Tennessee (Ronald W. Eades), 5 Mem. St. U.L. Rev. 1.

Cited: Bankston v. Parker, — S.W.3d —, 2010 Tenn. Crim. App. LEXIS 722 (Tenn. Crim. App. Sept. 2, 2010); Watkins v. State, — S.W.3d —, 2011 Tenn. Crim. App. LEXIS 314 (Tenn. Crim. App. May 4, 2011).

Collateral References. 39 Am. Jur. 2d Habeas Corpus § 133.

39A C.J.S. Habeas Corpus §§ 176, 177.


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