Carroll v. Jones

OPINION

By BIRRELL, J.

This matter comes before the Court on a Motion by the Defendant (who originally filed no answer in this case and permitted default judgment to be taken) to dismiss an Aid of Execution proceedings on the ground that the judgment secured by Plaintiff had been discharged in Defendant’s bankruptcy proceedings. Plaintiff opposes the Motion on the ground that the automobile accident wherein Plaintiff’s injuries and damage occurred was alleged in the Petition to have been the result of “willful and malicious misconduct of the Defendant,” and therefore, discharge of this…