194 N.E. 246 | Ill. | 1934
Plaintiff in error was committed to the county jail of Cook county by virtue of certain orders entered by the circuit court of that county on a hearing on appeal from a proceeding in the probate court, instituted under the Administration act, for the recovery of property.
Defendant in error, as executrix of the will of William Garnett, filed in the probate court of Cook county a statement under sections 81 and 82 of the act entitled, "Administration of estates," setting out that plaintiff in error had in his possession at the death of William Garnett certain bonds, and that he had converted them to his own *150
use and refused to deliver them up or to pay their value. Prochnow was cited in accordance with the statute, and, on hearing, the probate court ordered him to deliver to the executrix certain bonds. On appeal to the circuit court that order was in part affirmed, and Prochnow having failed to turn over the bonds, was on May 23, 1932, ordered committed to jail. On March 30, 1933, he filed a verified petition in the nature of a writ of error coram nobis, asking that the orders of the circuit court be set aside and vacated. Opposition thereto was presented by the executrix and the prayer of the petition was denied. Thereafter Prochnow sued out from this court a writ of error to review the order of the circuit court. This court finding no questions giving it jurisdiction on direct review, transferred the cause to the Appellate Court for the First District. (
There is again presented in this case a question of this court's jurisdiction to review the judgment of the Appellate Court on writ of error. Section 81 of the Administration of Estates act provides, in effect, that on the statement of an executor or administrator of an estate filed in the probate court, setting out that any person has in his possession or control, or has concealed, converted or embezzled, any property belonging to such deceased person or his estate, the court will require such person to appear before it by citation and examine him on oath and shall make such order in the premises as the case may require. By section 82 it is provided that if the court shall order that such person deliver up such property or effects, or, in case they have been converted, the value thereof, the court may, on refusal to comply with the order, commit such person to jail until he shall have complied therewith. These were the sections of the statute under which the proceedings were instituted against Prochnow. Their purpose is *151
to provide a summary method for the recovery of certain defined property which belonged to the decedent at his death but which had come into the possession of a third party prior thereto, and which that party either retained in his possession or had concealed or embezzled. (Johnson v. Nelson,
Contempts have been classified as criminal contempts and civil contempts. The former includes acts in disrespect of the court or its process and those tending to bring the court into disrepute or obstruct the administration of justice. Civil contempts have been characterized as quasi-contempts, and consist in failing to do something which the contemner is ordered by the court to do for the benefit or advantage of another party to the proceeding before the court. In such a case the process is civil. (Hake v. People,
The Practice act of 1907, under which this writ of error has been sued out, by section 121 thereof provides that judgments and decrees of the Appellate Court shall be final in all cases except those in which the constitution requires that appeals to and writs of error from the Supreme *152
Court be allowed, and except those cases in which the Appellate Court may grant certificates of importance or in which this court may grant writs of certiorari. The whole subject of review by this court of the judgments of the Appellate Courts was thus covered by section 121 of the Practice act, and that section provided or indicated the only methods by which the judgments of the Appellate Court in civil cases may be reviewed by this court. (Lansingh v. Dempster,
It follows that this court does not have jurisdiction to review this cause on writ of error, and the writ is therefore dismissed.
Writ dismissed.