In re Tracy

CHASE, Circuit Judge.

While hearings were being held by a special master duly appointed in a civil suit pending in the District Court for the Southern District of New York, a subpcena in proper form was issued on February 23, 1939, requiring Dan W. Tracy to appear and testify on February 28, 1939, before said special master in the said suit. The subpoena was delivered to a process server who made due return, by affidavit, showing that he had served the subpoena upon Tracy at No. 69 West 66th Street, in the Borough of Manhattan on February 24, 1939, and had paid to him the required fee. If the…