Stearns

Respondent has interposed a general demurrer to a petition upon which this court issued an alternative writ of mandate addressed to the superior court of Los Angeles County commanding it, in the absence of cause to the contrary being shown, to incorporate in a judgment, which the court is about to render in favor of plaintiff upon findings made in an action wherein Madeline E. Stearns is plaintiff and Howard E. Reach is defendant, a clause to the effect that said defendant be committed to the county jail until he pays to plaintiff the sum of $1,052.39, so found by the court to be due to her.

The complaint, a copy of which is attached to the petition, alleges that defendant, while acting in a fiduciary capacity for plaintiff, fraudulently converted and appropriated to his owm use certain funds and property which she intrusted to him; and the prayer thereof, in addition to judgment for $2,343.59 asked, is “that upon the failure of said defendant to pay said sums and all of them he be imprisoned in the county jail in the county of Los Angeles until such time as he does pay the same, as required by article I, section 15, of the constitution of the state of California.” The petition…