Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor.
Code 1858, § 3730; Shan., § 5510; Code 1932, § 9680; T.C.A. (orig. ed.), § 23-1804.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
§ 29-21-102. Federal Prisoners
§ 29-21-103. Judges Authorized to Grant Writ
§ 29-21-104. Issuance of Writ Without Application
§ 29-21-105. Place of Application for Writ
§ 29-21-107. Petition — Affidavit
§ 29-21-108. Duty of Court — Wrongful Failure to Grant Writ
§ 29-21-110. Issuance of Writ — Form — Formal Defects
§ 29-21-111. Person by Whom Writ Served
§ 29-21-112. Mode of Service — Persons Served
§ 29-21-113. Arrest of Defendant
§ 29-21-114. Taking Plaintiff Into Custody
§ 29-21-116. Defendant's Appearance and Return — Answer
§ 29-21-117. Production of Plaintiff by Defendant
§ 29-21-118. Waiver of Plaintiff's Right to Be Present
§ 29-21-119. Proceedings After Defendant's Return
§ 29-21-120. Adjustment of Bail
§ 29-21-121. Subpoena of Witnesses
§ 29-21-122. Discharge of Plaintiff or Remand to Custody
§ 29-21-123. Effect of Irregular Commitment
§ 29-21-124. Filing of Records — Costs
§ 29-21-125. Costs — General Rule
§ 29-21-126. Costs on Discharge of Criminal Defendant
§ 29-21-128. Disobedience of Writ or Order