278 P. 873 | Cal. Ct. App. | 1929
Habeas corpus. Petitioner seeks to be discharged from the custody of the sheriff of the city and county of San Francisco, by whom he is held in custody under an order of the superior court adjudging him guilty of contempt in failing and refusing to pay certain sums of alimony in a divorce proceeding. [1] It is claimed on his behalf that the affidavit supporting the commitment is insufficient for the reason that it fails to charge that petitioner had any knowledge or notice of the order of court, the violation of which constitutes the ground for the adjudication upon which the commitment is predicated. We are cited to the case of Frowley v. Superior Court,
The writ is discharged and the prisoner remanded.
Knight, J., and Cashin, J., concurred.