16 S.E. 338 | N.C. | 1892
The court ruled that if the witnesses were not sworn, and examined or tendered, even though attending under subpoena, and though they would have given material evidence, their fees could not be taxed against the losing party.
Plaintiff excepted and appealed.
Where a witness, though duly subpoenaed, is neither examined nor tendered to the opposite party on the trial, his attendance can be taxed only against the party who summoned him. Loftis v. Baxter,
AFFIRMED.
Cited: Sitton v. Lumber Co.,