Sapp v. King

Citations

• 66 Tex. 570
• 1 S.W. 466
• 1886 Tex. LEXIS 570

Syllabus

<p>1. Witnesses—Subpoena—Per diem—Mileage—A witness in a civil suit can be subpoenaed only when he is represented to be a resident of the county where the suit is to be tried, or when he'is found therein at the time of the trial. It is only when a witness appears in obedience to an authorized subpmna that he is entitled to per diem and mileage; the party summoning witnesses in this manner becomes primarily liable for their fees, though they are finally taxed in the bill of costs. (R. S., Arts. 2209, 2213, 2416.)</p> <p>2. Same—A subpoena directed out of the county of the trial is void; the attendance of a witness in response to it is voluntary, and does not entitle him either to per diem or mileage; \ .\</p> <p>3. Same—Non-resident witness—A witness not resident in the county of the trial, but subpoenaed therein, is bound to attend only the term of the court to which he was summoned, and is not entitled to fees except for that term.</p> <p>4. Same—Change of residence—A witness subpoenaed while resident in the county of the trial, upon removal of his residence from that county, becomes exempt from compulsory attendance, and is not entitled to fees for attendance upon succeed-, ing terms.</p>