Should any witness, summoned as provided in § 66-23-108, fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned.
Code 1858, § 2064 (deriv. Acts 1833, ch. 92, § 10); Shan., § 3741; Code 1932, § 7656; T.C.A. (orig. ed.), § 64-2312.