Arrest of Defendant

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If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is returnable. In order to make such arrest, the sheriff, or other person having the writ, has the same power as is given to a sheriff for the arrest of a person charged with a felony.

Code 1858, §§ 3734, 3735; Shan., §§ 5514, 5515; Code 1932, §§ 9684, 9685; T.C.A. (orig. ed.), § 23-1817.

Collateral References. 39 Am. Jur. 2d Habeas Corpus §§ 176, 177.

39A C.J.S. Habeas Corpus § 187.

Habeas corpus 68.


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