Lee v. Watkins

Pursuant to my previous course in similar cases, I was disposed to refer this application, in order to ascertain whether the allegation of the defendant is true.

This being an application by the plaintiffs under section 284 of the Code, for leave to issue execution after the lapse of five years from the entry of the judgment, the defendant swears that he never was served with any summons in this action, and never had any notice of the action, until September 22, 1856. On reflection, I think, I cannot go behind the judgment; the only inquiry contemplated by the Code on such *244an application as…