In Re Hittson

Habeas corpus. Petitioner seeks to be discharged from the custody of the sheriff of Los Angeles County by whom he is held under a writ of commitment issued by the superior court. The proceeding in which the writ of commitment was issued was one for contempt. On October 2, 1918, by judgment of the superior court, this petitioner was disbarred from practicing as an attorney in all the courts of the state. On October 21, 1918, an affidavit was presented to the superior court wherein the affiant set forth the substance of the disbarment proceeding and deposed further that petitioner, during the month of October, had as attorney commenced five suits in the justice’s court of Los Angeles township and had during the same month conducted two examinations of judgment debtors in the same court. With that affidavit as a foundation, the court proceeded to a hearing and adjudged petitioner guilty of a contempt because it appeared that since the entry of judgment of disbarment petitioner had “been practicing in the justice courts.” We wish particularly to point out that the accusing affidavit upon which the contempt proceedings were founded contained no statement charging that the petitioner…