Bateman v. Smith
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- Johnny L. McGowan, Jr. v. State of Tennessee (Tenn. Crim. App. 2014)
- Villaneuva v. State (Tenn. Crim. App. 2010)
- Summers v. State (Tenn. 2007)
- Laquenton Monger v. David G. Mills, Warden (Tenn. Crim. App. 2006)
- Walter Earl Preston v. David Mills, Warden (Tenn. Crim. App. 2005)
- Reginald L. Almo v. State of Tennessee (Tenn. Crim. App. 2005)
- Eric Gilmore v. State of Tennessee (Tenn. Crim. App. 2005)
- Preston U. Pendergrass v. Kevin Myers, Warden (Tenn. Crim. App. 2005)
- Thomas M. Tucker v. Flora J. Holland, Warden (Tenn. Crim. App. 2005)
- Bryan Pearson v. State of Tennessee (Tenn. Crim. App. 2004)
- Hickman v. State (Tenn. 2004)
- James K. Robbins v. State of Tennessee (Tenn. Crim. App. 2004)
- State v. William Lee (Tenn. Crim. App. 1999)
- Kendrick Kelly v. David G. Mills, W (Tenn. Crim. App. 1995)
- Jeffrey E. Dunlap v. Tony Parker, W (Tenn. Crim. App. 1994)
- Archer v. State (Tenn. 1993)
- Vandross v. Ellisor (District Court, D. South Carolina 1972)
- Ussery v. Avery (Tenn. 1968)
- State Ex Rel. Reed v. Heer (Tenn. 1966)
- State ex rel. Autwell v. Johnson (Tenn. 1966)
- State Ex Rel. George v. Bomar (Tenn. 1965)
- State Ex Rel. Allen v. Johnson (Tenn. 1965)
- State Ex Rel. Kuntz v. Bomar (Tenn. 1964)
- Lakeesha Nicole Dixon-Starnes v. Ascension Saint Thomas Hospital Midtown (Tenn. Ct. App. 2025)
- Michael Eugene St. Clair v. State of Tennessee (Tenn. Crim. App. 2025)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court.
This action was filed by the petitioner, Landow Bate-man, in the county court of Weakley County, seeking a writ of habeas corpus for the purpose of regaining the custody of a small child alleged to be in the custody of its maternal grandmother. The petition was demurred to by the defendant, Mrs. Johnnie Smith, which was overruled ; and from the action of the court in overruling the demurrer and the decree entered thereon, the defendant has appealed in error here.
It is insisted by counsel for the defendant upon this appeal that by section 96'7fi, subsection (4), of the Code it is provided that the petition for the writ of habeas corpus shall state that it is the first application for such writ. This section of the Code reads as follows:
“The petition shall state:
. . . . . .
“(4) That it is the first application for the writ, or, if a previous application has been made, a copy of the *543 petition and proceedings thereon shall be produced, or satisfactory reasons he given for the failure so to do.”
It is also insisted by counsel for the defendant that by the same section, subsection (3), it is provided that the petition shall show that the legality of the restraint has not already been adjudged upon a prior proceeding of the same character.
The word “shall” is equivalent to the word “must.” Home Telegraph Co. v. Nashville, 118 Tenn. 1, 101 S. W. 770, 11 Ann. Cas. 824; State ex rel. v. Burrow, 119 Tenn. 376, 104 S. W. 526, 14 Ann. Cas. 809.
In 25 Am. Jur., Habeas Corpus, Section 10, it is said:
“Habeas corpus'is a high prerogative writ of common-law origin, which furnishes an extraordinary remedy to secure the release, by- judicial decree, of persons who are restrained of their liberty or kept from the control of persons entitled to their custody. It issues as a matter of right, but not as a matter of course.”
Being an extraordinary procedure, the mandatory provisions of the statute must be complied with before the writ can legally issue.
On account of the nature and office of the writ of habeas corpus, we think subsections (3) and (4) of Section 9676 of the Code are mandatory, and the failure of the petitioner to negative these provisions rendered it demurrable.
This being so, we are of opinion that the county judge was in error in overruling the demurrer and his decree is reversed and the petition dismissed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.