Phillips v. Phillips

Bell, Justice.

The question in this case is whether the guardian of an insane married man may prosecute an action for a divorce in behalf of his ward, who has been adjudicated insane, where such person, before he was adjudged mentally incompetent and at a time when he had mental capacity to know the nature of a suit for divorce, expressed his intention and desire to obtain a divorce from the defendant, and where, after such adjudica tion, at the time the suit was filed and during a lucid interval, he again expressed the same intention and desire and the suit was instituted in pursuance of his…