Thompson v. Johnston, 4 N.C. 491, 1 Car. L. Rep. 491 (1814)

April 1814 · Supreme Court of North Carolina

4 N.C. 491, 1 Car. L. Rep. 491

Thompson v. Johnston.

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.

Seawell, J.

delivered the opinion of the Court.

We 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 wise 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.