In Re Wenzler

THE COURT. After examining the petition for the writ herein, together with the exhibits attached thereto and the points and authorities submitted in support of petitioner’s contentions, we are of the opinion that no legal ground has been shown to justify the issuance of the writ. The application is therefore denied.

SUPPLEMENTAL OPINION.

THE COURT. On December 6, 1937, petitioner was adjudged guilty of contempt of court by the Superior Court in and for the City and County of San Francisco for the violation of the terms of a restraining order theretofore issued by said court, and as a punishment therefor he was sentenced to imprisonment in the county jail of said city and county for a period of twenty-four hours. Late in the afternoon of said day petitioner filed in this court a petition for a writ of habeas corpus, wherein he attacked the jurisdiction of the trial court on some six grounds.

After examining the petition together with the exhibits attached thereto, and the points and authorities submitted in support of petitioner’s contention, we were of the opinion, as' stated in the memorandum heretofore filed, that no legal ground had been shown to justify the issuance of the writ. It appears from the record that petitioner entered into a contract of employment with the New Process Laundry, wherein petitioner agreed among other things that “two (2) years after leaving such employ, he will abstain from calling upon, soliciting or delivering for himself or for any other persons, copartnership or corporation any laundered or dry [728]cleaned or unlaundered or laundered goods from any customer of the first party, whether brought by him to the first party or any other customer which the first party may have . . . ” Petitioner terminated his employment with said company during the month of August, 1937, and entered the employ of another laundry company as driver. Thereafter and on October 9, 1937, the New Process Laundry, alleging that petitioner was then and had been violating the above quoted provisions of said contract, commenced an action in the superior court to enjoin petitioner from any further violation thereof; and incidental to the filing of the verified complaint therein the court issued a restraining order which was duly served on petitioner, whereby he was restrained from committing any of the acts above quoted. On October 29, 1937, Eugene J. Corbett, the secretary of the New Process Laundry, made and filed an affidavit charging petitioner with contempt of court, it being alleged in the affidavit among other things “that ever since the said 9th day of October, 1937, to and including the time hereof, the defendant Jack Wenzler has been and now is wilfully and with the intent of disobeying said Temporary Restraining Order issued as aforesaid and after receiving notice and a copy of said Temporary Restraining Order, called upon, received and delivered laundered and dry cleaned, and unlaundered and laundered goods from and to numerous customers of the plaintiff New Process Laundry, a corporation; that the names and addresses of some of the said customers above referred to are: ...” and then follow the names and addresses of seven persons, and the name of another person whose address is not given.