The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance.
Terms Used In Tennessee Code 29-21-103
- Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Code 1858, § 3723; Shan., § 5503; mod. Code 1932, § 9674; T.C.A. (orig. ed.), § 23-1803.