Thompson v. Johnston

Decided April 15, 1814

Supreme Court of North Carolina · decided 1814-04-15

The defendant was summoned by the sheriff of Rockingham, where he then resided, to attend Guilford Superior Court, as a witness for the plaintiff in his suit against Lewis Whitimore ; he failed to attend and was called out and fined nisi. A sci.fa. issued to Rockiugham, which was returned not found : A second sci.fa. issued to the same County, on which there is the same return. On motion for Judgment, according to sci.fa.

Decided 1814-04-15

Seawell, J.

¶1delivered the opinion of the Court.

¶2We are all of opinion, that the plaintiff is entitled to have Judgment. When a witness is summoned he is bound to attend, and the law makes it his duty to know this obligation. The witness by removing to another County, could in no *492wise after the situation he stood in. As to the sci. fa. we think they were properly awarded — they are to a County where the witness resided at the time he was summoned — and it does not appeal the plaintiff knew the witness had removed nor are we now prepared to say how that would have varied the case.