Habeas corpus by Elvin W. Crane.

3 Comp. Laws, § 8658, reads as follows:

“ The court granting a decree of divorce may provide in such decree that the party against whom any divorce is granted shall not marry again within such time as shall be fixed by the court, which time shall be set out in the decree: Provided, that such time shall not exceed the period of two years from the time such decree is granted. And in case any person shall marry contrary to the time set out in such decree said party shall be deemed to have committed the crime of bigamy and shall be subject to the pains and penalties therefor.”

In the circuit court, in chancery, for the county of Genesee, Mich., January 29, 1912, one Allie Crane was granted a decree of divorce from petitioner; the decree specifying that the defendant (petitioner here) should not remarry for a period of two years from and after the date of said decree. Less than one month thereafter petitioner was a party to a marriage ceremony performed at Windsor, Ontario, February 22,1912, according to which ceremony he was married to one Anna Henniger by a clergyman licensed to celebrate marriages. Petitioner and said Anna Henniger returned to Flint, Mich., the former and present domicile of petitioner, where they have since lived as man and wife. Certain friends of the said court presented therein a petition advising the court that its decree had been thus disregarded and praying that petitioner be proceeded against as for a contempt.

Such proceedings were thereafter had that the court found and determined that the said acts and doings of petitioner were calculated to and did impair the respect due to the authority of the court, and tended to prejudice the court in the enforcement of its orders and decrees and to interfere with its rights and lessen its dignity, and that petitioner was guilty of contempt. He was sentenced and committed to the common jail of the county for a period of 30 days. Petitioner applied to the court for the writ of habeas corpus, which was allowed. The sheriff of the county of Genesee returns that he holds petitioner by virtue of an order of the said court, a copy of which is given.

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