Corcoran v. Duffy

This is an appeal by defendant from an order directing execution to issue after the lapse of more than five years from the date of the entry of judgment.

The sole question to be determined upon this appeal is whether the trial court abused its discretion in making said order.

Section 685 of the Code of Civil Procedure was amended in 1933. We will set forth the portion of said section which is involved here, italicizing the words which were added by the 1933 amendment. “In all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry,…