McClain v. McClain

I dissent from Division 2 of the majority opinion for the reason that Anthony v. Penn, 212 Ga. 292 (92 SE2d 14) (1956), does not hold that the Act would be unconstitutional if applied to prior judgments. It held, as shown by the headnote as well as the text of the opinion, that the 1955 Act showed no legislative intent that it should be applied to alimony judgments rendered prior to the passage of the Act. It commented in passing that retroactive laws are prohibited by the Constitution. It did so to support the court’s conclusion that a statute should be given prospective application only…