Ex parte Cohn

The petitioner complains that he is unlawfully imprisoned, confined, and restrained of his liberty, by one Thomas Desmond, Sheriff of the City and County of San Francisco ; and the Sheriff, in his return to the writ of habeas corpus directed to him, shows that he holds the petitioner under commitment issued out of the Superior Court of the City and County of San Francisco, iñ a proceeding for contempt pending in that Court.

Tiie facts established on the hearing are, that Isador Cohn, as executor 'of the estate of one Solomon Cohn, filed his account in the late Probate Court of the City and County of San Francisco, on the 1st day of December, 1879, from which it appears *194 that there was then due from him to the estate the sum of §5,941. This amount had been received by him in money, and should have been in his hands at the time the foregoing account was rendered.

On the 13th of March, 1880, a petition was duly filed in the Superior Court of the City and County of San Francisco, (which Superior Court has succeeded to the powers and jurisdiction of the late Probate Court) for a partial distribution of the estate of Solomon Cohn, in which petition it was set forth and shown that…