Dumas v. Dumas

Duckworth, Chief Justice.

1. Before the remittitur of this court (Dumas v. Dumas, 205 Ga. 238, 52 S. E. 2d, 845), became the judgment of the court below, the petitioner amended the petition to allege insolv ency. The ruling there — that the allegation, “the defendants have not sufficient property above their homestead exemptions of realty and personalty allowed by existing laws to respond to the recovery in any judgment that petitioner may obtain against them in this behalf,” is insufficient to allege insolvency — cannot be construed as a ruling by this court that the defendants are solvent.…