Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor.
Tenn. Code Ann. § 29-21-104
Issuance of writ without application
Applied in 2 court decisions — leading case Carroll v. Raney (1993)
Most recently applied in Cox v. State (April 2001)
Code 1858, § 3730; Shan., § 5510; Code 1932, § 9680; T.C.A
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.