If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff's person in such case, the person possesses the same power as is given by § 29-21-113 for the arrest of the defendant.
Code 1858, § 3736; Shan., § 5516; Code 1932, § 9686; T.C.A. (orig. ed.), § 23-1818.
Collateral References. 39, 39A C.J.S. Habeas Corpus §§ 136, 179, 187.
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