In re Johnson

YORK, J. This matter comes before us on an amended petition for writ of habeas corpus and the return thereto. James A. Johnson, petitioner herein, was held in custody under an order made by the superior court finding him guilty of contempt of court and sentencing him to pay a fine of $250, or in lieu thereof, to serve one day in the county jail for each $2 of the unpaid balance. The basis of the contempt order was the failure of the petitioner to deliver money and other property to the liquidator of the Benjamin Franklin Bond & Indemnity Corporation.

A condensed statement of the facts involved in this transaction is as follows: E. Forrest Mitchell, as insurance commissioner of the state of California, was the duly appointed, qualified and acting liquidator of the Benjamin Franklin Bond & Indemnity Corporation, and as such was entitled to and did take possession of the business of the said corporation. Prior to the date of the order appointing said Mitchell as such liquidator, said corporation filed its stay bond on appeal in the superior court on behalf of Myra Johnson, defendant in a divorce action brought by this petitioner against her, the judgment in which case was affirmed on appeal. Subsequent to the time of entry of judgment in the divorce action, in order to obtain possession from Myra Johnson of a certain piece of property awarded to this petitioner in the divorce action, petitioner brought an action in unlawful detainer against said Myra Johnson in Justice’s Court for Montebello Township, and judgment therein was rendered in favor of this petitioner for the sum of $930 and costs; whereupon said Myra Johnson appealed to the superior court from that judgment without filing a stay bond on appeal. After the rendition of the judgment in the justice’s court and dur[475]ing the pendency of the appeal therefrom, the petitioner here procured an order of the superior court requiring the liquidator of the Benjamin Franklin Bond & Indemnity Corporation to deliver to said petitioner in satisfaction of his justice's court judgment certain property theretofore hypothecated with said corporation by said Myra Johnson, as collateral security on her stay bond on appeal in the original divorce action. The property so ordered to be delivered to this petitioner was described in the order as follows: “Deed of Trust covering Lot 23, Block 12, Tract 4301, ... as per map recorded in Book 50, pages 98 and 99 of Maps . . .

“Certificate of deposit, Farmers and Merchants National Bank, No. 11650, in the sum of Five Hundred Seven and 50/100 ($507.50) Dollars.”