Ex parte Widber

This is an application for a writ of habeas corpus.

The petitioner alleges that he is unlawfully restrained of his liberty by the sheriff of the city and county of San Francisco.

Section 144 of the Code of Civil Procedure is as follows : —

The board of supervisors of the city and county of San Francisco having failed to provide suitable apartments, furniture, stationery, etc., sufficient for the transaction of the business of department 11 of the superior court of said city and county, said department 11, Hon. James M. Troutt presiding, made an order that the sheriff of the city and county of San Francisco provide such apartments, furniture, stationery, etc., sufficient for the transaction of the business of said department of the court. The sheriff complied with the aforesaid order, and incurred certain expenses in the sum of $1,867.42 therefor, and said expenses were certified to be correct by said James M. Troutt, judge of department 11 of the superior court of said city and county. Thereafter an order of court was made declaring that such expenses were a charge against the treasury of the city and county of San Francisco, and it was further ordered and adjudged that the…