Majority
p. 119Andrews vs. Andrews.
Headnote
D. TEN BROECK moved for an attachment absolute against a witness on affidavit that
p. 120
he was regularly fummoned and money tendered him for his expences, which he did not object to for its insufficiency, but positively refused to attend. He cited 1 Blacks 49. 2 Str. 1150.
Here is a strong case of palpable contempt, and therefore the Court will award an attachment in the first instance. The sum of money tendered may, or may not, have been adequate, but as the witness did not object to it at the time, it is to be confidered sufficient.