¶1The setting a cause for hearing in equity, places it in a situation similar to making up an issue at law. It is a well-known practice that witnesses who attend previous to issue on the law side must be paid by the party summoning, and cannot be taxed against the opposite party; so it would seem to us in equity with respect to setting the cause for hearing. The *74 attendance of such witnesses must be paid by the party at whose instance they attended.
1 Tenn. 66
Barton v. Bird
Tennessee Superior Court for Law and Equity
Decided September 6, 1804
Tennessee Superior Court for Law and Equity · decided 1804-09-06
Equity.—The plaintiff purchased a tract of land of the defendant on the north side of the river Holston, including a bend called the steep rock, at four dollars an acre, estimating the tract at a thousand acres ; bonds were exchanged on the ninth of May 1798. The plaintiff gave his bond, payable in two instalments, 15th March, 1799, and first of April, 1800.
Decided 1804-09-06