Andrews coal against Hawkins mere serve process upon a party attend his cause  in court be a contempt SC stram motion by sir Thomas Abney for a attachment  against one whitten a attorney for serve the copy of a bill of Middlesex upon  the defendant in a action of assault and battery at the suit of one law while  lee c j be hear cause at nisi prius in westminsterhall and the defendant be  upon the step lead to the court attend his cause which be then just go to be  call on and sir Thomas say that be remember a case where the service of a  justice summons upon a person attend the court while it be sit be hold to be a  contempt on the other side it be argue by solicitor general strange and other  that the protection which the law give to person in these case extend to they  only to go Of persons and it do not include the serve of a process as this be  no restraint upon the person beside suppose the service to be irregular yet it  be no contempt especial as it do not binder or tend to binder the trial from  go on and the defendant presence be not necessary but by lee c j the  protection which the law give in these case as well to the party to cause as  their counsel and atorneys extend to they to go Of persons to delay and if the  serve of process upon person attend court be to be allow it will produce much  terror and great distraction in business and the whole court except page just  who hesitate be clear of opinion that the service of a process in the sight of  the court be a great contempt and punishable by attachment and they say that  person have be frequent lie by the heel for make arrest in those case where  they have refuse to discharge the party arrest and lee c j say that where this  bath be agree to yet in the first instance the court bath lie hold on the  officer for the contempt but he say it be Andrews another consideration  whether such execution of a writ be void so that the party shall be discharge  however in this case the attorney who be in court declare that he serve the  writ trough mere inadvertence and submit to pay the cost and waive the proceed  the rule grant to show cause c be discharge