Ex parte Smith

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 punishment of contempts.

The order which the petitioner disobeyed is the order of final distribution of the estate of B. D. Taylor, deceased, the petitioner being one of the executors of the last will and testament of said deceased; and this comes within the fifth subdivision of sec. 1209, above cited.

It being admitted that the Court had acquired jurisdiction of the proceedings instituted for the purpose of enforcing obedience to the order, its decision upon the issues of fact tendered in those proceedings is final, and alleged errors therein occurring are not the subjects of review under this writ. The…