The proceedings under a writ of habeas corpus, including all the papers in the cause, and the final order, shall be returned by the judge to the nearest court served by that judge, to be filed there by the clerk, as other records, a brief memorandum thereof, duly indexed, being made upon the judgment or execution docket, and such clerk taxing the costs and issuing execution therefor, as in other cases.

Terms Used In Tennessee Code 29-21-124

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Code 1858, § 3760; Shan., § 5540; Code 1932, § 9710; T.C.A. (orig. ed.), § 23-1833.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, §§ 27, 30; 14 Tenn. Juris., Habeas Corpus, § 10.