In Re Earl
Opinion
Lead Opinion
Conrey, J.
On May 26, 1932, by an order of the Superior Court of Los Angeles County in an action of Alice Bunch Earl, Plaintiff, v. Chaffee Earl, Defendant, the defendant was ordered to make certain payments of money to the plaintiff on account of attorney’s fees, costs and money for support of the plaintiff. Thereafter in a proceeding wherein defendant was charged with contempt of court by-failure to make payments in accordance with said prior order, the court found that the defendant had wilfully refused to pay certain of the moneys which by said prior order he had been required to pay, and that he had had the ability to pay the same at the time of such failure and refusal to comply with the order; whereupon it was ordered that the defendant serve two days in the county jail “commencing forthwith”. This order and the commitment thereon were made and the defendant was committed to the county jail, all on the twenty-seventh day of February, 1933. On the same day in response to a petition for the writ of habeas corpus the writ was issued out of this court and the petitioner was released on bail at 1 o’clock A. M. on February 28th.