1778-02-02 (1778-02-001.jpg)

1778. 1 Term. Monday Feb: 2.

Monday Feb: 2d. 1778
Present
Impey
Chambers
&
Hyde.

Ramsunder Narain Metre, and Bindeserry his Wife, Complainants
v
Luckinarain Chowdry – Defendant
In Equity

Mr. Newman, Moved that a Witness having been subpoena’d to give Evidence in this cause, before the Examiner, and not having attended the Examiner to give his Evidence, an Attachment might Issue against the Witness. He moved it, without any affidavit, on a Certificate of the Sheriff of the Subpoena being served on Paddalo-chund the Witness, and on the Certificate of the Examiner that he had not attended to be examined, but by order of the Court, with the assent of all of us, Mr. Newman took nothing by his Motion, and the Court on these Certificates refused to grant the Attachment: The reason was that though the Return of the Sheriff is proper Evidence of facts of some kinds, and sufficient ground for the
/ proceedings

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