In Re Von Gerzabek

The petitioner herein alleged that he was confined in the county jail under an order of commitment of the superior court for contempt of the court in failing to comply with a previous order for the payment of temporary alimony and suit money made in a divorce proceeding then pending between the petitioner and his wife. The proceedings leading up to the entry of the order of commitment are not disputed. It appears that on the third day of April, 1922, after proceedings duly taken, the court made an order in the divorce action that the defendant (the petitioner herein) pay to his wife a certain sum for temporary alimony and suit money. On the ninth day of May, 1922, the wife of petitioner filed with the said court her affidavit charging that the petitioner had failed to comply with this order and praying that he be cited to show cause why he should not be adjudged guilty of com tempt therefor. Upon this affidavit an order to show cause was issued and in response thereto the petitioner was brought before the court on the sixteenth day of May, 1922. Hearing was then had before the court, both parties and counsel for the wife being present but the petitioner not being represented by…