MOURNING v. DAVIS

Haywood, for complainant, offered the evidence of a witness then present, and prayed that he might be sworn; this was objected to, and it was said that JOHNSTON, J., at last Wilmington court, would not receive such testimony offered by Haywood, in Walker v. Ashe, ante, 181. It was answered, it was true JOHNSTON, J., would not receive it, nor recognize the practice as stated by the counsel offering it, which was that a witness may be summoned to give testimony in equity as well as at law; but that the party summoning him must pay the costs of his attendance. It is equally true, however, that in Blount v. Stanley, in this Court, a witness was offered and objected to by Haywood, and that JOHNSTON, J., did receive him, and founded his decree upon that testimony.