Terms Used In Tennessee Code 29-21-114

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

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.