Lincoln Discount Corp. v. Parker

The debtor moves to vacate on the ground that the subpoena was filled out in the name of one who at such time was no longer a justice of this court.

The question arises, is such defect a remediable one under provisions of section 787 of the Civil Practice Act?

Reference to section 775 of the Civil Practice Act, wherein a correct form of such subpoena is contained, reveals that the last clause refers to “ one of the justices of our said * * * court ” and subdivision 2 of such section reads: “ The subpoena must state the court in which the supplementary proceeding is instituted and the names of…