HAYLE v. COWAN

Witnesses subpoenaed and attending can prove their attendance, though not examined.

ASHE and MACAY, JJ.

You informed us a while ago, you had a witness summoned who does not attend. These two witnesses not sworn might be intended to counteract his testimony, and your not producing him might be the reason why they were not called upon. We cannot undertake to say they were to prove the same fact the other two were sworn to.

Motion denied.

Cited: Holmes v. Johnson, 33 N.C. 59; See Carpenter v. Taylor, 4 N.C. 689.