29-21-110 - Issuance of writ Form Formal defects. - Tennessee Statutes

29-21-110. Issuance of writ Form Formal defects.

(a)  If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows:

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(b)  The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.

(c)  When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially.

[Code 1858, §§ 3727, 3728, 3741; Shan., §§ 5507, 5508, 5521; Code 1932, §§ 9678, 9679, 9691; T.C.A. (orig. ed.), §§ 23-1810 23-1812.]