
    Jewell against Jewell.
    The plaintiff obtained an order to examíne a witness de leñe esse, who was too sick to attend the circuit; but he was not, in fact, examined. The verdict being for the he claimed before a commissioner to have the costs of this order taxed: which was refused.
    An order for yon 0f a ^t- * taxed if the witness be not examined. Otherwise if ea.
    
      J. V. jF." Tates, for the plaintiff, moved for a relaxation,
    citing Kenney v. Vanhorne, (2 John. Rep. 107.)
    
      J. IfKovm, contra
   Curia.

The motion must be denied. The witness was not examined. It would have been otherwise, had the order been executed by an actual examination. In" such case, the allowance should have been; made as. upon an examination by commission.

Motion denied.  