In Re Brady

This is an application for a writ of habeas corpus based upon the alleged illegal detention of petitioner by the sheriff of Los Angeles County, acting under an order of the superior court, in and for said county, committing petitioner for a contempt of said court.

It appears that in an action pending before one of the departments of the superior court sitting in the city of Long Beach, in accordance with an order made by the judge of said department, petitioner had been served with a subpoena duces tecum. Petitioner failed and refused to respond to the said subpoena and was thereafter brought before the court upon an attachment. Thereupon, the court adjudged petitioner guilty of a contempt in said matter, and sentenced him to pay a fine. In default of such payment he was remanded to the custody of the sheriff.

Petitioner attacks the jurisdiction of the superior court, basing his objection on the alleged uneonstitutionality of amendments of section 73 and section 142 of the Code of Civil Procedure under and by virtue of which the said superior court was sitting in the city of Long Beach. Among other things, section 142 of the Code of Civil Procedure, as amended, provides: “That…