Moore v. Moore

Candler, Justice.

The assignment of error on a judgment of the trial court overruling a demurrer to a petition of an insane wife by a next friend, seeking temporary and permanent alimony, presents two questions: (1) can such an action be maintained by a next friend; and (2) are the allegations of the amended petition sufficient to show an abandonment of the wife or a separation of the parties entitling the wife to alimony? Held:

1. “A lunatic, or person non compos mentis, having no legal guardian, may sue by any competent person as next friend.” Dent v. Merriam, 113 Ga. 83 (2) (38 S. E. 334);…