Knowles v. De Lazare , 1 How. Pr. (n.s.) 35 ( 1885 )

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.