National Press Intelligence Co. v. Brooke

This is an appeal from an order setting aside the service of an order in supplementary proceedings on the ground of its alleged irregularity, in that it was served on the defendant, who is an attorney, while in court.

The affidavit on which said order was granted alleges, that the defendant, the judgment debtor, was in the Supreme Court, Part I, on the 11th day of August, 1896, when said order in supplementary proceedings was served upon him, that he was then in actual attendance in said court, in his capacity as attorney, to answer to, and argue a motion there and then upon the calendar of…