In re Canter

This is an application to vacate a subpcena served on the applicant, requiring him to appear and be examined in this State before a commissioner named in a commission issuing out of the State of Delaware, for use in an action pending in that State. The single question up for consideration is whether the subpoena can stand and attendance be enforced, inasmuch as the commissioner named is not a resident or citizen of this State, but comes from the State of Delaware, to which he owes allegiance, for the sole purpose of executing the commission.

The question is narrow and novel, and search has…