Ex parte Cohn

Citations

• 55 Cal. 193

Syllabus

<p>Contempt—Enforcement of Decree of Distribution—Estates of Deceased Persons.—Disobedience of a decree of distribution by an executor or administrator is a contempt of court, and the decree may be enforced by proceedings under the provisions of the Code of Civil Procedure relative to contempt.</p> <p>Id,— Habeas Corpus—Jurisdiction.—The functions of the writ of habeas corpus, when a party who has appealed to its aid, is in custody under process, do not extend beyond an inquiry into the jurisdiction of the Court by which it was issued, and the validity of the process upon the face.</p> <p>Id.—Id.—Id.—Enforcement of Decree of Distribution—Estate of Deceased Person.—Held accordingly, upon an application for discharge upon a writ of habeas corpus by an executor who was in custody under an order of the Superior Court, adjudging him guilty of contempt in refusing to pay over money under a decree of distribution, that the Court had jurisdiction, and, the proceedings being regular and valid on their face, that the prisoner was not entitled to-a discharge.</p>