Rachels v. Steele

TOMLIN, Judge.

This is an appeal from an order denying the stay of proceedings and granting a motion for summary judgment in favor of the plaintiff-appellee. The plaintiff commenced an action in the Circuit Court of Shelby County to collect a debt from the defendant. The complaint charged that the defendant was indebted to plaintiff for fraudulently misappropriating funds belonging to plaintiff. The complaint further stated as fact that subsequent to the misappropriation, defendant filed a voluntary petition in bankruptcy, and that in those proceedings a consent order had been entered,…