Brewington v. Brewington

The State Of Tennessee petitioned this Court for writs of certiorari and supersedeas upon the trial judge’s refusal to dismiss this action against the State upon motion. We granted the writs.

The question presented here arises out of a divorce proceeding filed by the complainant against her husband, an employee of the State of Tennessee at the Mid-State Tuberculosis Hospital. The State was made a party defendant to the suit for the purpose of obtaining funds in the State Treasury contributed by the defendant to the Tennessee State Retirement System and/or earned by the defendant (wages), but…