Worthy v. Worthy
Supreme Court of Georgia
Divorce. Demurrer. Decided by Judge Cole. From Crawford Superior Court. Chambers, May, 1866. This case was argued December Term, 1866, and held up.
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Divorce. Demurrer. Decided by Judge Cole. From Crawford Superior Court. Chambers, May, 1866. This case was argued December Term, 1866, and held up. Mary A. Worthy, (sueing by her next friend and father, Nathan Eespass,) in her libel, alleged, that she' married defendant in 1858, lived with him till about the first of Novembcr, 1865, when she became insane, and was by him sent to the Lunatic Asylum, where she then was, and that he was guilty of adultery with persons therein námed, with the other usual allegations in such cases, and a schedule of property, verified by said next friend. The…
1Opinion of the Court
Harris J.
This is a suit instituted by the father of a female lunatic as her next friend, against the defendant, her husband, for a total divorce, on the ground of adultery, and the question is, whether a guardian or next friend can, of his own will, institute such a suit, and prosecute or abandon it at his pleasured?
Mrs. Worthy was at the institution of this suit a lunatic, and confined in the asylum near Milledgeville.
It does not appear that, after her affliction, at any time, she had a lucid interval; for if she had, and that being shown, and that during that interval she had directed suit…
2Cited by23 opinions
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- Mohler v. Estate of ShankSupreme Court of Iowa · 1895
- Birdzell v. Birdzell ex rel. TuckerSupreme Court of Kansas · 1885
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Foster v. AllenSupreme Court of Georgia · 1946
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