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HENRY HOLDEN v. SAMUEL SHOVE.

Of the attendance and fees of witnesses.

Per curiam.

The witness is bound to attend at the trial, unless he has given notice that he shall refuse to appear without payment of the fees due to him. In such case the party must pay the fees due up to and upon the day when his testimony is required. As in this case the witness has absented himself not for such cause, the continuance must be granted and the writ issue.

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HENRY HOLDEN v. SAMUEL SHOVE
(Mar 1, 1850)