In Re Foss

Petitioner was adjudged guilty of contempt and ordered confined in the county jail for failure to pay the sums which he was ordered to pay by the terms of an order and judgment in a divorce action. He seeks his release on habeas corpus.

■ In the affidavit upon which the order to show cause herein was issued, it was alleged among other things that the order and judgment in the divorce action were entered on June 17, 1931; that after petitioner had notice of the entry of the same, several orders were issued directing petitioner to show cause why he should not be punished for contempt for failure to comply with said order and judgment; that on occasions petitioner appeared in response to said orders and testified; that on other occasions petitioner failed to appear and orders for the attachment of his person followed; that petitioner was earning a regular salary and had the ability to comply with the order and judgment; that since the entry of the order and judgment he had divested himself of two parcels of real property for the purpose of avoiding payment; that petitioner had ample ability to comply with the order and judgment, but that he had failed and refused to make any payment…