7 Ga. 443 | Ga. | 1849
By the Court. —
delivering the opinion.
The Act of 1836 applies only to such witnesses as are compelled to attend the Superior Courts in behalf of the State, out of the Counties in which they may reside. Prince, 476. There being no authority for the proceeding of the defendant in error, to charge and collect his attendance and mileage, by virtue of his subpoena, as an execution against the plaintiff in error, according to the facts stated on the record, the judgment of the Court below must be reversed.