Section 29-21-108 - Duty of court - Wrongful failure to grant writ(a) It is the duty of the court or judge to act upon such applications instanter.(b) 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.