Matter of the Application of Caples

Petitioner herein was arrested on civil process. One Gamage brought suit against him based upon an alleged indebtedness in the sum of six hundred and fifty dollars evidenced by a promissory note. Upon the commencement of that action the plaintiff filed in the superior court an affidavit setting forth facts upon which he claimed the right to have an order made for the arrest of the defendant, this petitioner. That affidavit first set out facts showing the cause of action existing in behalf of the affiant, and then contained this recitation: "That said defendant obtained this sum of $650 from this payee mentioned in said note upon the false and fraudulent representation that he had an interest in an estate in Texas and would send for and obtain said money to pay said note; that he has never done so and has not paid said note or any portion thereof, either principal or interest; that defendant has no fixed place of business in California, and is temporarily here, and is about to leave the state of California, and with the intent to defraud his creditors in this state, and to return to Texas.”

The contention of petitioner is that, as arrests may be made on civil process only in cases…