Kingsberry v. Hutton

Citations

• 140 Ill. 603

Syllabus

<p>1. Probate court—order on guardian to pay over funds—how enforced—not a judgment. A proceeding in the probate court to settle the accounts of a guardian, whether he voluntarily flies an account or does so by compulsion, is neither an action at law nor a suit in equity, and the order of the court finding the sum due from him, and requiring him to pay the same to the party entitled to receive it, is in no proper sense a judgment.</p> <p>2. An order of the county court made on a settlement of a guardian, directing him to pay over the sum found in his hands to his successor, “is not a judgment npon which an execution may issue. Such an order is enforceable only by attachment.</p> <p>3. Where a guardian fails to obey the order of the county court directing him to pay over the. money in his hands to a successor, the only mode of compelling him to comply with such order is by attachment for contempt, and imprisonment in the jail. When the legislature directs an inferior courfaasto the mode of enforcing its orders and decrees, such court will have no discretion, but must proceed in the mode prescribed.</p>