Irwin v. Caryell , 8 Johns. 407 ( 1811 )

Per Curiam.

The justice ought to have released the bail, by taking the other security offered. It would be unreasonable and unjust to deprive the party of the benefit of a material witness, when his interest can be thus discharged, without injury to the other party. Sound and legal discretion required that it should be done. It is the practice for the court to discharge the bail upon application, when he is wanted as a witness for the defendant. (Sty. 385.)

Judgment reversed.