In Re Carroll

The petitioner, upon a hearing in the Superior Court of Los Angeles County, was adjudged guilty of contempt of court, and on August 30, 1933, was sentenced therefor to imprisonment for five twenty-four hour days in the county jail, and to pay a fine of $300, the alternative for payment of the fine being fixed by the court as further imprisonment in jail of twenty-four hours for each two dollars of the fine unpaid. The writ of habeas corpus is sought on the ground that no contempt was committed by petitioner in her failure to obey the orders of the court commanding her not to interfere with a sale of real property and the furniture and furnishings therein by a receiver previously appointed by the court, and further commanding her to co-operate with said receiver in effecting such a sale. It is contended by petitioner that the order appointing the receiver was void for want of jurisdiction, therefore, that no contempt could arise by her failure to work with an officer illegally appointed.

The original appointment was made during pendency of a separate maintenance action brought by petitioner against Raymond A. Carroll, upon motion of the latter, who had cross-complained for a…