In Re Leet

Habeas corpus to review an order of the Superior Court of the city and county of San Francisco committing petitioner to jail for contempt of court in failing to comply with the terms and provisions of an order of said court requiring him to pay to his ex-wife the sum of two thousand eight hundred dollars, the amount due under a property settlement had between the parties.

The record shows that one Doris Leet and petitioner were husband and wife; that on the twenty-third day of December, 1927, Doris Leet obtained an interlocutory decree of divorce from petitioner; that prior to the granting of this decree the parties entered into a written agreement, by the terms of which they settled and adjusted all their property rights growing out of or connected with their marital relation. Under the agreement, petitioner agreed to pay his wife certain sums from time to time for her support and maintenance. The substance of this agreement was incorporated in the interlocutory decree. The petitioner failed to comply with the terms of the decree in this particular and he was ordered to show cause why he should not be punished for contempt by reason thereof. He was the only witness upon the…