Lee v. Lee

Hicks, J.,

— A subpoena in divorce was awarded in this case on February 23,1931, and on April 3,1931, was served personally upon the *220respondent in the Borough of Manhattan, County and State of New York. It needs no citation of authorities to confirm the statement that such service was wholly invalid. Notwithstanding this illegal service, a master was appointed on June 22,1931.

On July 30, 1931, two days before the hearing before the master, the libellant’s attorney, as we are informed by the prothonotary, filed a typewritten prsecipe for appearance of the respondent, signed “Helen P. Lee.” Of…