
    CAROLINE E. MACKAY, Appellant, v. BENJAMIN B. LEWIS and RICHARD C. DANIEL, Respondents.
    
      Order of arrest — privilege of party attending ii'icd as witness — waiver of.
    
    A person attending as a witness,upon the trial of an action to which he is a party, is privileged from arrest upon civil process. (2 Phillips on Ev. [5th ed.], 821.)
    A person arrested under such circumstances does not waive any rights by giving bail. (U. S. v. Bdwin, 9 Serg. & Rawle, 147.)
    Appeal from an order made at the Special Term vacating an order of arrest.
    
      C. & N. D. Lawton, for the appellant. Wm. S. Flijypin, for the respondents.
   Opinion by

Pratt, J.

Talcott, J., concurred. Barnard, P. J., not sitting.

Order affirmed, with costs and disbursements.  