Production of Plaintiff by Defendant

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  1. At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so.
  2. If the cause shown for not producing such person be sickness or infirmity, the fact shall be verified by affidavit, and other evidence if required.
  3. The court may thereupon proceed as if the party were produced, or adjourn to the place where such party then is, or to some other time and place, according to circumstances.

Code 1858, §§ 3746-3748; Shan., §§ 5526-5528; Code 1932, §§ 9696-9698; T.C.A. (orig. ed.), § 23-1825.

Collateral References. 39 Am. Jur. 2d Habeas Corpus § 144.

39A C.J.S. Habeas Corpus § 185.

Habeas corpus 82.


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