Ex Parte Von Gerzabek

Petitioner seeks to be discharged from the custody of the sheriff of the city and county of San Francisco, by whom he is held under an order of the superior court adjudging him guilty of contempt in failing and refusing to' pay certain sums as alimony in a divorce proceeding.

The record shows that on the third day of April, 1922, the court below in the divorce action entered an order requiring petitioner to pay the sum of $50 on or before the fourteenth day of April, 1922, and a like sum on or before the seventh day of each and every month thereafter until the further order of the court as and for alimony and maintenance pending the divorce action, and the sum of $25 on account of counsel fees, together with certain costs, and that such order is still in full force and effect. It also appears that after making certain payments petitioner became in arrears, whereupon his wife obtained an order to show cause why petitioner should not be punished for contempt of court in failing to máke payments. Upon the hearing petitioner was committed to jail for failure to comply with the order. He applied for a writ of habeas corpus before this court, and upon the hearing he was discharged from…