Helwing v. Heath

WADE, Justice.

Appellants, as successor administrators with the will annexed, petitioned the district court for an order directing respondent, former executor who had been removed, to show cause why he should not be punished for contempt for failure to pay over specified sums of money which the court had previously ordered him to pay over to his successors. Respondent’s demurrer to this petition was sustained and the proceedings in contempt dismissed from which petitioners appeal. The only question raised is whether the petition states a cause for action.

The petition recites that an order was…