Failure of witness to answer subpoena

Any witness summoned pursuant to Code Section 52-6-39, whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance. History. — Laws 1832, Cobb’s 1851 Digest, p. 45; Code 1863, § 1477; Code 1868, § 1534; Code 1873, § 1528; Code 1882, § 1528; Civil Code 1895, § 1676; Civil Code 1910, § 1922; Code 1933, § 80-202; Ga. L. 1945, p. 279, § 17.