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.
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