
    Butcher v. Coats.
    
      Costs of an attachment.
    
    Two witnesses, who had been duly served with a subpoena, were brought before the court upon an attachment; but having satisfactorally proved, that they were so much indisposed, as to be utterly incapable of attending in obedience to the subpoena, 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, 
      
       See Thomas v. Cummings, 1 Yeates 60.
     