Ex parte Yonetaro Fkumoto

Application for discharge on habeas corpus. The warrant under which petitioner is held in restraint was issued in supposed accord with the provisions of the Code of Civil Procedure authorizing the arrest of the defendant in a civil action. Those provisions permit such arrest “whenever it appears to the judge by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the ease is one of those mentioned in section 479.” (Code Civ. Proc., secs. 478, 481.) In this case the order of arrest was made by a judge of the superior court of the city and county of San Francisco, in an action brought in that court by one G. T. Marsh, as plaintiff, against petitioner as defendant, and was based upon an affidavit of the plaintiff Marsh, intended to bring the case within those provisions of section 479 which authorize the arrest: “1. In an action for the recovery of money or damages on a cause of action arising upon contract express or implied, when the defendant is about to depart from the state with intent to defraud his creditors; .... 5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his…