In Re Keene

Habeas corpus. The petitioner is in custody of the sheriff of Los Angeles County pursuant to an order of arrest issued in accordance with certain provisions of the Code of Civil Procedure. Section 479 of that code provides that the defendant may be arrested in certain cases, one of which is “when-the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for- which the action is brought.” Section 481 provides that an order for the arrest of the defendant may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 479. “The affidavit must be either positive or upon information and belief ; and when upon information and belief, it must state the facts upon which the information and belief are founded.”

The commitment presented with the sheriff’s return shows that a judge of the superior court, in an action against the petitioner herein and one other person, ordered the arrest of the petitioner. In that order it was stated that it appeared to the judge from the verified complaint on file and from the affidavit…