In re the Examination of Jones 160 N.Y.S. 1134

In the Matter of the Examination of Holmes JONES, in Supplementary Proceedings, etc.

(Supreme Court, Appellate Division, Second Department.

July 28, 1916.)

Order reversed, with $10 costs and disbursements against the respondent Jones, and the motion to set aside the service of the subpoena granted, with $10 costs against the said respondent, upon the ground that under section 852 of the Code of Civil Procedure exhibition of the original subpoena was essential to constitute valid service.

See, also, Matter of Depue, 185 N. Y. 60, 77 N. E. 798, and Matter of Foster, 139 App. Div. 769, 124 N. Y. Supp. 667, 675.