Ex parte Smith
California Supreme Court
Original application for a writ of certiorari to review proceedings of the Probate Court of the City and County of San Francisco, in punishing the relator for contempt.
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Original application for a writ of certiorari to review proceedings of the Probate Court of the City and County of San Francisco, in punishing the relator for contempt. The relator was one of the executors of the last will of E. D. Taylor, deceased, who was a resident of San Francisco, but died in Hew York May 4th, 1872. Previous to leaving San Francisco, where he had resided for a number of years, lie executed a will, by which he devised all of his property to his brother and three sisters, and appointed as the executors of his will the relator William Smith, and Robert Smith, without bonds.…
1Opinion of the Court
By the Court :
The provisions of sec. 128 of the Code of Civil Procedure, respecting the incidental powers of Courts, and of sec. 1209 and following, defining contempts, and providing for their punishment, are as applicable to the Probate as to the District Courts. Among the powers enumerated in sec. 128 is the power of Courts to compel obedience to their judgment, orders, and process. The fifth subdivision of sec. 1209 declares that disobedience of any lawful judgment, order, or process of a Court is a contempt of the authority of the Court; and other sections of that article provide for the…
2Cited by29 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
- Clary v. ClaryCalifornia Supreme Court · 1896
- O'Donnell v. SlackCalifornia Supreme Court · 1899
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