People ex rel. Slaight v. Potter

(dissenting)—This is an appeal from an order finding the appellant guilty of contempt of court in failing to obey a subpoena to attend as a witness in an action about to be tried.

The service of the subpoena and the fact that the defendant was called as a witness and failed to appear is proved beyond question.

There seems to be no irregularity in the proceedings. The Code, § 2269, provides two methods for the trial and punishment of contempt; first, by an order to show cause prosecuted in the action (secs. 2273, 2283) and by an attachment prosecuted as an original special proceeding against the…