In Re Lake

This is an application for relief under habeas corpus from a commitment of the petitioner on a judgment finding him guilty of contempt of court. The charges of contempt upon which the commitment was based arose out of the action of the petitioner in filing and presenting to the court in open session a certain 'affidavit charging the judge of the trial court with bias and prejudice in respect to the defendants in an action then pending before the court. That action was entitled Central Savings Bank of Oakland v. Fannie D. Lake, F. W. Lake, A. F. Lake and E. D. Lake, and was an action in ejectment by the purchaser at a trustees’ sale under a deed of trust given to secure the payment of a promissory note. The ease was before this court on June 18, 1923 ( 62 Cal. App. 588 [ 217 Pac. 563 ]), on an appeal by the defendants from the judgment of the superior court rendered by the same judge who issued the order of commitment involved in the pending proceeding. At that time we reversed the judgment, which waá in favor of plaintiff, upon the ground that the recitals in the trustees’ deed of the substitution and appointment of the trustees executing such deed in the place and stead of one of…