Boyett v. . Vaughan

This is an application made by the defendant to this court for an order of restitution, upon the following state of facts disclosed in his affidavit and in the record of the case:

At June term, 1878, the plaintiff recovered judgment for two hundred dollars, interest and costs. See 79 N. C., 528. Execution was issued to the sheriff of Halifax county, and the defendant paid and satisfied the same in full. The plaintiff received the money, except so much thereof as was applied to. this payment of costs.

Upon petition of defendant to rehear the cause, the former judgment of this court was reversed,…