In Re Miller

Petitioner is in the custody of the sheriff of Los Angeles County pursuant to proceedings taken under sections 479 and 481 of the Code of Civil Procedure. The former section provides for the cases in which defendants in civil actions may be arrested. Section 481 is to the effect that an order for such an arrest may be made “Whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section four hundred and seventy-nine. The affidavit must be either positive or upon .information and belief; and when upon information and belief, it must state the facts upon which the information and belief are founded ...”

The “Affidavit for Order of Arrest,” so entitled, pursuant to which petitioner was arrested, sets forth facts tending to show that the “case” was “one of those mentioned in section” 479. It is also stated in the affidavit “that a cause of action exists in favor of the plaintiffs against the said defendant,” petitioner here, “ ... as fully appears from the verified amended complaint herein, a copy of which is hereunto annexed and made a part of this affidavit.”…