In Re Shortridge

Samuel M. Shortridge heretofore filed in this court his petition, wherein he alleged that he was illegally restrained of his liberty by Thomas F. O’Neil as sheriff of the city and county of San Francisco, and praying for a writ of habeas corpus, to be directed to said sheriff, which being granted, said sheriff in due time made return thereto that he held said Shortridge in custody by virtue of a conviction and judgment for contempt of court, a certified eopy of the commitment being attached to the return. At the hearing before this court petitioner excepted to the sufficiency of the return by way of a demurrer thereto, to the effect that the commitment is on its face void, for the reason that it does not set forth facts sufficient to warrant a conviction or judgment for contempt of court.

The commitment, after reciting the title of the court, is in the words as follows, to wit:

The law does not permit the petitioner to contradict the facts set forth in the order of commitment, but the recitals of the facts must be taken as true upon the hearing before this court on the proceedings for a discharge by the writ of habeas corpus.

Upon the other hand, no presumptions or intendments…