Shults v. Andrews
New York Supreme Court
An order was granted on the twenty-seventh December, requiring the defendant to appear before a referee to be examined concerning his property on the twenty-eighth December, at ten a. m. Defendant did not appear; he left town early in the morning upon business, and left the papers with an attorney, with a request to have the order set a side for irregularity, and that he claimed privilege of process.
1Opinion of the CourtHardin, J.
The order to be examined was served on defendant less than twenty-four hours before the return hour, and the defendant swears to having put his papers into the hands of an attorney for the purpose of a motion to set aside the order for irregularity.
*379The attorney for defendant obtained an order to show cause why the first order to be examined should not be set aside, the order was not served until an hour after the defendant was required to appear and be re-examined. That motion has been heard and the order set aside for irregularity.
The defendant was an attorney of this court, and he had some…