25-1239.Subpoena to party; failure to attend and testify; continuance; costs.In addition to the above remedies, if a party to a suit in his own right on being duly subpoenaed, failed to appear and give testimony, the other party may, at his option, have a continuance of the cause as in cases of other witnesses, and at the cost of the delinquent.SourceR.S.1867, Code § 398, p. 460; R.S.1913, § 7931; C.S.1922, § 8873; C.S.1929, § 20-1239; R.S.1943, § 25-1239.