Sanford
Sanford v. Head
Opinion
Lead Opinion
Bryan, J.
Murray, C. J., concurred.
In this cause, appellants in the Court below file their bill, setting up, amongst other things, that they are interested in the estate of one Jose M. Sanchez, deceased; and that an order was obtained from the Pro *298 bate Judge of the County of Monterey, ordering them to pay over to Head, the administrator of the estate, the sum of $8,200.
It is further alleged by the complainants, that proceedings were commenced against the administrator at a subsequent period, the object of which was the removal of the administrator from office, and that whilst those proceedings were pending, the Probate Judge set aside an order staying proceedings on the part of the administrator.
The bill filed alleges fraud and collusion between the administrator and the Probate Judge, and seeks to set aside the proceedings in the Probate Court, for the benefit of heirs, upon the ground of collusion and fraud between the Judge presiding in the premises and the administrator. *
Respondents demurred, upon the ground that the proceedings of the Probate Court could not be attacked or reviewed except upon appeal and the demurrer was sustained.