Tennessee § 29-21-108 - Duty of court — Wrongful failure to grant writ.
Full text of Tennessee Tennessee Code Annotated § 29-21-108 — Duty of court — Wrongful failure to grant writ., with citation guidance and answers to common questions.
§ 29-21-108. Duty of court — Wrongful failure to grant writ.
It is the duty of the court or judge to act upon such applications instanter. 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. Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808. Compiler's Notes. The misdemeanor provisions in this section may have been affected by the Criminal Sentencing Reform Act of 1989. See §§ 39-11-114 , 40-35-110 , 40-35-111 . Cited: Horne v. Wilson, 316 F. Supp. 247, 1970 U.S. Dist. LEXIS 10513 (E.D. Tenn. 1970); Flinn v. Blackwood, — S.W.3d —, 2011 Tenn. App. LEXIS 181 (Tenn. Ct. App. Apr. 13, 2011); Thurmond v. Sexton, — S.W.3d —, 2011 Tenn. Crim. App. LEXIS 892 (Tenn. Crim. App. Dec. 5, 2011).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 29-21-108
What does Tennessee Code Annotated § 29-21-108 cover?
Section 29-21-108 ("Duty of court — Wrongful failure to grant writ.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 29-21-108?
A common citation format is "Tennessee Code Annotated § 29-21-108" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 29-21-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.