2 Cal. Unrep. 729
Decided December 30, 1886
California Supreme Court · decided 1886-12-30
On habeas corpus from Superior Court, City and County of San Francisco. This was a petition for a writ of habeas corpus filed by B. S. Bernard. The petitioner had been placed under arrest by an order of the superior court of the city and county of San Francisco, issued on an affidavit made .by one Borowsky, plaintiff in an action on a contract pending in that court against the petitioner.
Decided 1886-12-30
¶1We are of opinion that the affidavit on which the judge of the superior court made the order of arrest stated facts and circumstances tending to show that the petitioner was about to depart from the state with intent to defraud his creditors. We therefore decline to discharge the petitioner from arrest.
¶2The petitioner is remanded to custody and the writ is discharged.