In re Goodman

ABRUZZO, District Judge.

This is a motion for an order vacating and setting aside a stay order of one of the judges of this Court, dated July 19, 1940, upon the ground that the same was improperly obtained. The judgment creditor claims that the judgment stayed is for a debt not dischargeable in bankruptcy.

Apparently, when the action was commenced by the judgment creditor, the complaint alleged an action in negligence. At the close of the case, the judgment creditor moved to amend the complaint to conform to the proof. Objection was made to the motion but it was granted by the Court.

By this…