
    NEW YORK COMMON PLEAS.
    Edwin Knowles and another agt. Marius De Lazare and another.
    
      Supplementary Proceedings — Beferee—Who should sign subpoena — Code of Civil Procedure, section 854.
    In proceedings before a referee supplementary to execution, a subpoena should be issued by and under tbe band of tbe referee, pursuant to section-854 of tbe Code of Civil Procedure.
    
      Special Term,
    
    
      December, 1885.
    Motion to punish witness for contempt
    
      Hugo Hirsh, for the motion.
    
      & O. Baldwin, opposed.
    
      Before Yan Hoesen, J.
    
   In proceedings before a referee supplementary to execution, a witness was served with subpoena under signature of the clerk and seal of the court.

Held, on motion to punish the witness for contempt for failing to attend pursuant to the subpoena, that the subpoena should have been issued by and under the hand of the referee, pursuant to section 854 of the Code of Civil Procedure, and motion denied.  