In Re Smallbone

MOORE, J., pro tem.

By this proceeding in habeas corpus the petitioner seeks his discharge from custody under a judgment committing him for his failure and refusal to pay support money due to his former wife under a final decree of divorce entered on January 14, 1938.

Petitioner is a retired employee of the city and county of San Francisco, wherein the decree of divorce and the adjudication in contempt were had. As such retired employee he is entitled to a monthly pension of $100. Several of petitioner’s pension installments have accumulated with the pension board, due, so petitioner asserts,…