Ex parte Orford

Citations

• 102 Cal. 656
• 36 P. 928

Syllabus

<p>Estates of Deceased Persons—Order For Payment of Claim—Appeal ■—Administrator’s Bond—Stay of Proceedings.'—An appeal maybe taken by an administrator from an order directing the payment of a debt or claim, and the fact that the claim is less than three hundred dollars does not impair the right of appeal, and the bond of the administrator stands in place of an undertaking on appeal, not only for the purpose of perfecting the appeal, but also to stay proceedings upon the order appealed from, and the failure of the administrator to file an appeal bond does not render the appeal ineffectual.</p> <p>Id.—Contempt—Illegal Imprisonment—Habeas Corpus.—Pending such appeal, the superior court has no jurisdiction to punish the administrator for a contempt of its authority in failing or refusing to pay the claim, and where found guilty of such contempt, and sentenced to imprisonment until the payment is made as directed, the administrator will be discharged from such imprisonment upon a writ of habeas corpus.</p>