Discharge of plaintiff or remand to custody
Applied in 2 court decisions — leading case McLaney v. Bell (2001)
Most recently applied in McLaney v. Bell (October 2001)
Code 1858, §§ 3751, 3761; Shan., §§ 5531, 5541; Code 1932, §§ 9701, 9711; T.C.A
(1) If no sufficient legal cause of detention is shown, the plaintiff shall be discharged.
(2) The party detained shall be remanded to custody: If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction;
(3) Where the time during which such party may be legally detained has not expired; or
(4) In every case in which the detention is authorized by law.
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.