Ex Parte Joutsen

The petitioner seeks his discharge from the custody of the sheriff of Alameda County, by whom he is held under a judgment of the superior court of that county, adjudging him guilty of a contempt of court in failing and refusing to pay to Selma Joutsen certain sums ordered paid by said court in a divorce action instituted by said Selma Joutsen against him, as alimony pendente lite, counsel fees, and costs, and directing that he be imprisoned in the county jail of said county “for the term of five days and until he comply with said order by paying plaintiff said sums.”

The divorce action was instituted January 23, 1908, the complaint alleging that plaintiff and defendant intermarried in March, 1894, but failing to allege in terms that the parties were husband and wife at the date of the commencement of the action. On the same date, on the affidavit of plaintiff, an order was made requiring Joutsen to show cause why an order should not be made directing him to pay the plaintiff fifty dollars per month alimony pendente lite, thirty dollars costs and seventy-five dollars attorney fees. Summons in said action and the order to show cause having been duly served on petitioner, he, on…