Gaston v. State

OPINION

HENRY, Justice.

This case originated as a suit for a divorce. In its present posture it is a third-party action, the disposition of which is dependent upon a construction of Rule 13.-08, Tenn.R.Civ.P.

I

On December 20, 1974, Carlos Gaston instituted divorce and child custody proceed*835ings against his wife, Helen Gaston. On January 13, 1975, Mrs. Gaston replied, claiming that she was entitled to a divorce and also seeking custody of the couple’s minor children. In this counterclaim, she alleged that she was indigent and unable to afford qualified legal counsel. Her husband was also indigent…