Merneigh v. Merneigh

Mr. Presiding Justice Schwartz

delivered the opinion of the court.

The principal question presented to us by this appeal is whether or not a proceeding for divorce may be prosecuted while the defendant is insane, if the grounds for the divorce existed before the time of the defendant’s insanity. The trial judge discontinued the proceeding when he became cognizant of the defendant’s insanity, holding that the suit could not be prosecuted as long as the insanity continued.

Plaintiff relies upon Iago v. Iago, 168 Ill. 339. In that case the trial court, after appointing a guardian ad litem, heard…