Opinion
(Fall Riding, 1804.)
Equity will reimburse a defendant at law, who, by judgment at law, has been compelled to pay too much; he not having had notice of the proceeding at law against him.
WOOD had obtained a judgment against Taylor as a collector, without giving him notice by motion for judgment in the county court, for a considerable sum more than was due, and enforced payment. Taylor sued him at law for a reimbursement, and obtained a verdict, but could not get judgment, because it was a suit to recover what had been recovered by judgment. He then sued in equity, stating in his bill all the circumstances; and the Court relieved him, and gave him a decree for the excess taken from him by Wood.
NOTE. — See Fish v. Lane, post, 342; Gatlin v. Kilpatrick, 4 N.C. 147; Jones v. Jones, 4 N.C. 547; Peace v. Nailing, 16 N.C. 289; Alley v. Ledbetter, ibid., 449; Bizzell v. Bozman, 17 N.C. 154; Armsworthy v. Cheshire, ibid., 234; Dudley v. Cole, 21 N.C. 429; Woodfin v. Smith, ibid., 451; Wells v. Goodbread, 36 N.C. 9; Piercy v. Piercy, ibid., 214.