Cooke v. Barker

1 Hopk. Ch. 117

Opinion

The Court.

There are only two cases in which this is done : 1st. In bills for divorce : 2d, Where, upon the defendant’s answer, some part of the fund appears to be indisputably due. But while the whole subject is in controversy, it would be prejudging the case to make such an order, and is beyond the power of the court.

Motion refused.