Dupler v. Dupler

Reno, P. J.,

The subpoena was served upon respondent personally. The master’s notice fixing Dec. 1, 1925, as the time of hearing was .also served upon respondent personally. The respondent did not appear at the hearing. On the day following the hearing, respondent’s counsel presented a petition to the master, alleging that, because of other engagements, respondent’s counsel was unable to attend the hearing, and praying for an order to the effect that the testimony taken on Dec. 1, 1925, be stricken from the record and that the witnesses be recalled and re-examined in the presence of respondent…