
    
      Brown vs. Moore.
    
    Case 92.
    January 18.
    'Error to the Floyd Circuit; Silas W. Robbins, Judge.
    
      Acknowledgement of subpoena. Witness. Pay fot attendance
    
    Witness who attends and ¡¡ETT ■whiotThe has acknowledged by written pay for his •’attendence.
    Triplett, for plaintiff; AT Connell, for defendant»
   Chief Justice Robertson

delivered the opinion of the Court.

A witness who attends and deposes, in obedience to a subpoena which he has acknowledged., {jy a written endorsement, is entitled to pay for his attendance. , ■

such an acknowledgement he recognizes the summons,which notifies him to,attend; and, therefore, he has been virtually summoned. He, therefore, ought to attend, and, consequently, should be rewarded for his obedience to the summons,

c¡rcaj(. court-decided otherwise,in this case,, jts order on this subject is reversed and set aside.  