Wirz v. Wirz

Plaintiff sued for divorce charging his wife with “incurable insanity” under the provisions of section 108 of the Civil Code. The trial court denied the decree. The principal question involved on the appeal is the quantum of proof required to establish “incurable insanity.”

The code section reads in part: “A divorce may be granted on the grounds of incurable insanity only upon proof that the insane spouse has been confined to an institution . . . for a period of at least three continuous years immediately preceding the filing of the action and upon the testimony of a member of the medical…