Ætna Insurance v. Peavy

1. While it is true, as was. held in Stanley v. Stanley, 123 Qa. 122, that a suit instituted by one as next friend of a person duly adjudged insane is .subject to dismissal.-upon timely special demurrer (unless amended), if the petition fails to disclose that the insane peíson has no guardian, and alleges no other reason why it is necessary or proper for him to sue by next friend rather than by a duly appointed guardian, nevertheless, where a suit is instituted in the name of a person who, pending the trial of the suit, is found to be insane, and it appears from the record that the court…