In Re Robbins

Petitioner herein was adjudged guilty of • contempt for failure to pay alimony pendente lite and attorney’s fees in' a divorce action and was committed to the county jail for five days. He seeks his release upon habeas corpus.

It appears that on November 16, 1922, petitioner filed a complaint for divorce and on February 14, 1923, the defendant in that action filed a demurrer to the complaint. On November 1, 1923, the court made an order directing petitioner to pay to the defendant $75 per month alimony pendente lite and $150 on account of attorney’s fees. On August 31, 1929, an order to show cause was duly issued by the court requiring petitioner to show cause why he should not be punished for contempt for failure to comply with said order. The order to show cause was returnable on September 20, 1929, and was served on petitioner on September 3, 1929. Several continuances were had upon the hearing of said order to show cause and petitioner was finally adjudged guilty of contempt and committed on September 3, 1930. In the meantime petitioner on October 3, 1929, filed a dismissal of the divorce action and on October 13, 1929, filed an amended dismissal.

It is conceded that the…