Duty of court — Wrongful failure to grant writ
Applied in 2 court decisions — leading case Norton v. Everhart (1995)
Most recently applied in McLaney v. Bell (October 2001)
Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A
(1) It is the duty of the court or judge to act upon such applications instanter.
(2) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.
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.