Anonymous

3 N.C. 138

Opinion

Taylor, Judge

-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.