Ex Parte Creely

The verified petition for writ of habeas corpus in this case states that the petitioner is unlawfully restrained of his liberty by the sheriff of the city and county of San Francisco, by reason of a judgment and order made by Honorable M. T. Dooling, acting judge of the superior court of the city and county of San Francisco, adjudging petitioner guilty of contempt of court, said contempt being constructive and not occurring in the presence or hearing of the court. The petition states that the affidavit on which the citation was issued did not give the court jurisdiction, and “did not show on its face or at all a case of contempt, and that the said affidavit utterly fails to state any facts which, in point of law, do or might constitute a contempt on the part of this petitioner.” Upon this petition the court, under the duty imposed upon it by law, made an order granting the writ, making it returnable before the court on June 11, 1908, and expressly directed that “a copy of the petition and order be served upon the district attorney” at least ten days before the hearing. At the time so set for hearing the petitioner appeared in person and by his attorneys, but no one appeared from…