In Re Pillsbury

CRAIG, J.

An order of commitment dated June 6, 1924, was issued by the superior court of Orange County, charging the petitioner with contempt of said court for failure to comply with the terms of an order made on July 27, 1923, directing him to pay temporary maintenance, attorney’s fees, and costs in a separate maintenance suit, and for noncompliance with an order made on April 18, 1924, directing that he pay certain amounts then overdue or furnish bond therefor. Petitioner was arrested pursuant to the order first mentioned and incarcerated in the county jail of Orange County, from which confinement he now seeks relief by a writ of

habeas corpus.

The order of July 27, 1923, was based upon evidence introduced at a hearing on an order to show cause, and the petitioner was therein directed to pay to the plaintiff $25 for costs, $.150 attorney’s fees, and $100 per month. It appears that payments were made thereunder until October 1, 1923, and that nothing has been paid since that date. On December 22, 1923, a warrant of attachment, based upon

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affidavit, was issued for petitioner, under which he was arrested and brought into court on April 5-, 1924; a hearing was had and evidence introduced on April 18, 1924, at which time the trial court found that petitioner had failed, neglected, and refused to make payments totaling $500, and that he was in contempt of court. An order was made on this latter date that he pay the full amount, or within one day furnish security for its payment within ten days. On the twenty-fourth day of May, 1924, the plaintiff Louise Pillsbury filed an affidavit reciting the foregoing facts, and that no part of said sum of $500 had been paid; it is further alleged that the order of April 18, 1924, was made in the presence of petitioner, and that a certified copy thereof was on that date personally served upon him; and it is averred upon information and belief that he ignored the order and neglected and refused to execute the bond which was required as an alternative; that the main action had gone to judgment, and that the petitioner had served and filed a notice of motion for new trial, but that the affiant had. no money with which to employ counsel or to resist such motion. A prayer follows, asking that a warrant of attachment issue against the defendant and that he be brought into court upon contempt of court for failure to make the payments or the bond as he had previously been ordered tó do.