McCulloch v. Tyson, 9 N.C. 336, 2 Hawks 336 (1823)

June 1823 · Supreme Court of North Carolina

9 N.C. 336, 2 Hawks 336

McCulloch v. Tyson & Person.

From Moore.

Where an appeal has been taken from the County to the Superior Court, the securities to the appeal may he released to become witnesses ip the case, and others substituted.

This was ati appeal from the County, to the Superior Court of Moore, in an action of debt; and on the trial in the Superior Court, the Plaintiff moved to be permitted to give a new appeal bond and other securities, in order to enable him to call on one of the securities to the original appeal bond as a witness : the Court refused to grant the motion. The Plaintiff then moved that he might be permitted to deposit in the Clerk’s office, money sufficient to satisfy the costs to that time, for the purpose of releasing the security in the appeal bond, and obtaining the benefit of his testimony. This was also refused, and the case now stood before this Court on a. motion for a new trial,

Hall, Judge.

I believe, in a great many instance;;, securities have been released, and others substituted in their places, in order that they might thereby become competent to give evidence in the cause, I can see no inconvenience in the case, at all, comparable to that Y.litch might be experienced from a contrary rule or practice. Much injury might accrue to a person vv ho bad, unguardedly or unfortunately, procured one to become his security, whom he might afterwards discover to he, an Important witness for him.

¶ dearly think a new trial should be granted,,

And of this opinion was tine rest of the Court,