Public-domain · open source
OpenJurist

9 N.C. 336

McCulloch v. . Tyson

Supreme Court of North Carolina

Decided June 5, 1823

Supreme Court of North Carolina · decided 1823-06-05

From Moore. 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.

Decided 1823-06-05

*337 Hall, Judge.

¶1 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.

¶2 ¶ dearly think a new trial should be granted,,

¶3 And of this opinion was tine rest of the Court,

/9/nc/336 · .json · Public domain