Pezuela

Un August 19, 1889, plaintiff filed a petition herein, alleging that, notwithstanding the fact that he had appealed from an order of the superior court settling his account as executor,—in which he was required to account for $9,847.29 more, he alleged, than he should be charged with, — said court claimed that the appeal did not suspend the operation of the order settling said account, and, on application of the heirs, was proceeding to a final distribution of the estate. Upon this petition, an alternative writ of prohibition was issued out of this court commanding the superior court to refrain from further hearing the said petition for final dis *50 tribution, and to show cause, on September 20,1889, why it should not be prohibited “ from further proceedings upon the aforesaid petition for final distribution of said estate until the appeal of the petitioner from the order of said superior court settling the final accounts of the petitioner and executor to this court shall have been finally disposed of.” Thereafter respondent filed an answer herein, and argument was had upon the question as to the effect of the appeal referred to. Pending decision upon that issue, the heirs…