California Court of Appeal November 5, 1937, Crim. No. 1996 (In Re Elliott)

THE COURT.

This is an application for a writ of habeas corpus, following an adjudication of contempt for refusal to pay alimony. The main grounds urged for the issuance of the writ are that the affidavit initiating the contempt proceeding contained no averment that petitioner was able to comply with the terms of the decree, and that no evidence was introduced to that effect at the hearing.