In Re Morgan

The petition herein on behalf of the applicant for writ was verified by an affidavit of E. L. Medler, one of the applicant’s attorneys. In the affidavit Mr. Medler stated that his verification was upon information and belief, and was based upon statements made to him by Mr. Morgan, the applicant in whose behalf the petition was filed. ^ This court, somewhat inadvertently, disregarded the defects in the affidavit, and assumed that the statements contained in the petition were regularly verified.

It was stated in the petition that the applicant was committed to jail for contempt of court in that he failed to pay certain alimony, attorney’s fees and court costs which he had been required to pay, pursuant to an order made after a hearing before the court on an order to show cause in a divorce action. It was stated in the petition that at the time of the making of said order of the superior court of Los Angeles County the applicant, Earl D. Morgan, defendant in said action, was not the lawful husband of the plaintiff, Effie L. Morgan; that in fact the said Effie L. Morgan at the time of her alléged marriage with Earl D. Morgan was the wife of another man from whom she did not yet have…