Pope v. Pope

Duckworth, Chief Justice.

Since the attack made upon the judgment is squarely and completely based upon Code (Ann. Supp.) § 37-410 (Ga. L. 1939, p. 344), a ruling on whether or not the facts relied upon come within the provisions of that statute will decide this case. While the statute refers to “all equity cases”'now 'or hereafter pending, it joins thereto the qualifying provision, “wherein assets of either or both parties to the cause are being administered, marshaled or otherwise disposed of by the court,” thus plainly and conclusively showing *75that, before the act can be resorted to, the…