Kelly Adjustment Co. v. Boyd

PAIR, Associate Judge, Retired

(dissenting) :

I am unable to agree with my colleagues that we should permit enforcement of appellant’s judgment against appellees Robert and Ibula Boyd (the Boyds). In the first place, the judgment is of very doubtful validity in my opinion. Of course, as a general rule this court may not go behind a judgment to inquire as to its validity. However, the court cannot escape its responsibility to examine the record brought here for review.

What appears from the record is that appellant commenced in the Civil Division of the Superior Court an action entitled…