Ex Parte Ewell

KNIGHT, J.

Application for a writ of

habeas corpus.

Petitioner was adjudged guilty of contempt of court and sentenced to imprisonment in the county jail for a period of twenty-four hours, by the superior court of the state of California in and for the city and county of San Francisco, department 16 thereof, Honorable Louis H. Ward presiding. The return of the sheriff to said writ sets forth a copy of the commitment embodying the judgment of contempt. Incorporated in such judgment are the facts upon which the adjudication of contempt is based. The return, we

[746]

think, is legally sufficient in form and substance and we do not agree with petitioner that in a

habeas corpus

proceeding a petitioner may go behind the judgment and offer evidence to impeach the facts and matter adjudicated therein; those facts must be taken as true.

(In re Shortridge,

5 Cal. App. 371 [90 Pac. 458] ;

Ex parte Ah Men,

77 Cal. 198 [11 Am. St. Rep. 263, 19 Pac. 380].)

Petitioner also filed and presented a petition for a writ of

certiorari

whereby he seeks to have said judgment of contempt reviewed and annulled. The circumstances leading up to the contempt proceedings are fully set forth in the latter petition and in the copies of the documents and pleadings thereto attached and made a part thereof. Those circumstances may be briefly stated as follows: During the latter part of the year 1923 an action in interpleader came on for trial in department 16 of said court before the Honorable Claude F. Purkitt, Judge of the superior court of Glenn County, presiding. One of the cross-defendants in said action was Kenneth M. Mays, who, according to the record before us, was an unfortunate drug addict, and either at the time of.the trial of said action was, or soon thereafter became, a prisoner in the state penitentiary. The petitioner, who is a licensed member of the bar, was also a cross-defendant, having acquired an interest in the subject matter of said litigation by assignment from said Mays. Petitioner also appeared in said action as the attorney for Mays. Owing to the apparent conflict between the interests of these two cross-defendants, Judge Purkitt made an order appointing Attorney J. A. Brown to protect the rights of Mays. Brown thereupon caused an amended answer to be filed on behalf of Mays, alleging that the assignment from Mays to petitioner was fraudulent. On or about December 19, 1924, Mays was released from prison. On December 31, 1924, Judge Purkitt filed a written opinion and order for judgment in said action, in which it was held, among other things, that petitioner, as assignee of Mays, was entitled to receive a sum of money less than the amount called for by the terms of said assignment. After said opinion had been filed and before findings were prepared or signed, to wit, on January 4, 1925, Mays mailed a seven-page typed letter signed by him, but dictated by petitioner, to Judge Purkitt, insinuatingly criticising the manner in which the case had been decided, vigorously as