Grinnell v. Grinnell

1. “A petitioner may dismiss his petition at any time, either in term or vacation, so that he does not thereby prejudice any right of the defendant.” Civil Code (1910), § 5548. There being a cross-action filed by the defendant praying for alimony, the dismissal of the plaintiff’s petition could not in any way affect the right of the wife as defendant to proceed for the affirmative relief prayed for in her cross-action.

2. “A lunatic, or person non compos mentis, having no legal guardian, may sue by any competent person as next friend.” Dent v. Merriam, 113 Ga. 83 (2) (38 S. E. 334); Ross v.…