Anonymous

Decided July 5, 1801

Superior Court of North Carolina · decided 1801-07-05

QNEAD had been a witness in a cause tried in this court. — ,* ^ His wages for attendance had not been taxed in the execution, and a year and more had elapsed. He had takén a sci.fa. in his own name, to shew- cause why he should not have execution for them against the party cast.

Decided 1801-07-05

Taylor, Judge

¶1 -He is entitled to have his attendance duet, taxed in the execution, although an execution omitting them has been previously issued and satisfied ; but the execution in such cases issues at the expence of the witness. If a year and day has expired, he is also entitled to a sci.fa. to shew cause why he should not have execution 5 but then the sci.fa. should be in the name of the party who bad judgment in his favor, for the witness is not a party on record, and therefore cannot have it in his own name. Rci.fa. dismissed.