
    Thomas C. Taylor v. James and Daniel McMahan.
    Costs cannot be taxed for the attendance of witnesses who were subpoenaed, but not sworn on the trial, unless it is shewn satisfactorily, that they were material to the matter in issue, or that they were summoned in good faith on the belief that they were, vide Hullock’s Law of Costs. 435.
   Per Johnson J.

on appeal from the decision of Mr. Justice Gantt, at Union, Fall Term, 1830.

O’Neall J. and Harper J. concurred.  