Case No. 6,978.

HYER v. SMITH.

[3 Cranch, C. C. 376.]¹

Circuit Court, District of Columbia.

Dec. Term, 1828.

SURETY FOR COSTS—ATTACHMENT—WITNESS FEES.

The surety for fees and costs is not liable to attachment for not paying the daily compensation to the plaintiff's witnesses.

Mr. Barrell, the plaintiff's attorney, who had become security for the plaintiff for fees and costs, was attached for not paying the plaintiff's witnesses for their daily attendance in court.

Mr. Swann and Mr. Jones, moved to discharge the attachment, on the ground that the plaintiff's attorney, who was surety for fees and costs, was not liable for the daily compensation allowed by law to the plaintiff's witnesses. See the Maryland Laws, 1715, c. 48, § 12; Id. 1716, c. 20, § 2; Id. 1796, c. 43, § 12.

THE COURT being of that opinion, (nem. con.) discharged the attachment.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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