
    Lessee of Isaac Knight and Mary his wife against Nicholas Pechen.
    Where Attachment can issue to compel the attendance of a witness at Nisi Prius, the judge will award it. Otherwise the application must be made in bank.
    Mr. Lewis for the defendant, moved the court for an attachment against Joshua Williams, for a contempt in not attending as a witness, after being duly subpoenaed by the .defendant. The action had been put off by the court, on argument, for the term, previous to the motion, under the special circumstances of the case.
   Per Cur.

Where a witness can be brought forward by attachment, after disobeying the process of subpoena, so as to compel his attendance to give testimony during the period of the Nisi Prius Court, the attachment may be issued at Nisi Prius, to obtain an early decision of the suit; but when the action bas been already postponed for tbe term, the application for the attachment must be made in bank; and such hac-heen the uniform practice.

Mr. Wilcocks and Mr. Tilghman pro quer.

The motion was denied.  