Opinion
JULY TERM, 1788.
TWO witnesses, who had been duly served with a Subpœna, were brought before the Court upon an attachment; but having satisfactorily proved, that they were so much indisposed, as to be utterly incapable of attending in obedience to the Subpœna, they were discharged.
And, BY THE COURT: As we do not find these persons in contempt, the costs of the attachment must abide the event of the suit.