New York Court of Common Pleas May 15, 1891 (Flechter v. Franko)

Bookstaver, J.

This motion is based upon the ground that the papers in the proceeding were served upon defendant while attending court as a witness, and is made not to vacate the service thereof, but the order itself. Obviously, if improperly served, it would not vitiate the order, but merely affect the service of it.