Where an appeal has been taken from the county to the Superior Court the securities to the appeal may be released to become witnesses in the case, and others substituted.
HALL, J.
I believe, in a great many instances, securities have (337) 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 which might be experienced from a contrary rule or practice. Much injury might accrue to a person who had, unguardedly or unfortunately, procured one to become his security whom he might afterwards discover to be an important witness for him.
I clearly think a new trial should be granted.
And of this opinion was the rest of the Court.
PER CURIAM. New trial.
Cited: Brittain v. Howell, 19 N.C. 108; Garmon v. Barringer, ib., 503; Sawyer v. Dozier, 27 N.C. 100; Otey v. Hoyt, N.C. 411.