McRae v. McRae

Plaintiff, an incompetent person confined for over eight years in a mental institution, has brought this action for an absolute divorce upon the ground of defendant’s adultery and now moves for an order for the appointment of a guardian ad litem to prosecute the action in his behalf and also to defend against defendant’s counterclaim for an annulment of the marriage upon the ground that he is incurably insane.

Defendant opposes that branch of the motion for the appointment of a guardian ad litem to prosecute the action for an absolute divorce, contending that a guardian ad litem may not be…