Southern Railway Co. v. City of Rome

(After stating the foregoing facts.) The Southern Railway Company, having paid Mrs. Autry in full, seeks by means of this action to compel the joint defendant in fi. fa., the City of Rome, to pay its aliquot part of their joint liability as evidenced by the execution. It would seem, upon principles of natural justice and equity, that as Mrs. Autry’s original action was against the defendants jointly, and since her recovery imposed equal liability on each of the defendants to her suit, the demand by the railway company is not ill founded. However, the city contends that the equitable doctrine…