Ex parte Smith

Citations

• 53 Cal. 204
• 1878 Cal. LEXIS 111

Syllabus

<p>Contempt of Court.—The provisions of the Code of Civil Procedure relative to contempt of Court and punishment therefor are as applicable to the Probate Court as to the District Court.</p> <p>Disobedience of an Order of Final Distribution of an estate is contempt of Court within the meaning of sec. 1203 of the Code.</p> <p>Office of the Writ of Certiorari en Reviewing Proceedings for Contempt.—Where the Probate Court has jurisdiction, its judgment upon the issues in proceedings for contempt is final, and a review under a writ of certiorari only extends to the question whether the Court regularly pursued its authority.</p> <p>Settlement of an Estate not an Action.—The proceedings for the settlement of an estate are not a civil action within the meaning of see. 15 of art. 1 of the Constitution.</p> <p>Executor a Trustee.—Money in the hands of an executor is held by him in trust, not as a debt.</p> <p>Executor Subject to Attachment for Contempt.—As a trustee for the heirs and creditors, and as an officer of the Court, an executor is subject to attachment for contempt.</p>