Woods & Bemis v. Young & Co.
The Court will not continue a cause for the absence of a witness, who has been summoned, if no attachment has been moved for, if the witness resides within one hundred miles of this place, although he resides out of this district.
[MAJORITY — The Court]
The Court
refused a continuance, because the plaintiff had not taken o moved for an attachment against his witness, John Wood, wh> lived at Port Tobacco, out of the District of Columbia, and within one hundred miles of this place ; not having decided yet that an attachment will not lie for a witness who resides out of the district, and within one hundred miles. See Voss v. Luke, [ante, 331]; Park v. Willis, November term, 1806, [post.]