Denny v. Denny
Massachusetts Supreme Judicial Court
Petition filed by two of the children of Reuben S. Denny and Lydia B. Denny, in a suit for divorce brought by said Lydia against said Reuben, representing that the libellant, at the time of filing said libel, was and still is insane; and praying that a guardian ad litem may be appointed to take charge of the suit.
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Petition filed by two of the children of Reuben S. Denny and Lydia B. Denny, in a suit for divorce brought by said Lydia against said Reuben, representing that the libellant, at the time of filing said libel, was and still is insane; and praying that a guardian ad litem may be appointed to take charge of the suit. The libellant filed a motion to dismiss the petition, on the ground, among others, that the court had not authority in law to grant the prayer thereof; and this question was reserved by the chief justice for the determination of the whole court, with the agreement that, if the court…
1Opinion of the CourtDewey, J.
We have no doubt as to the authority of this court, upon a representation made to us that the libellant in a libel for divorce is insane, to take notice of such representation, and, in such manner as the court may deem proper, to make the necessary preliminary examination as to such fact. This power is one necessarily existing in the court, as well for the protection of the libellant as for the orderly and proper conducting of the suit.
*313The doctrine, as stated in Story Eq. PI. § 66, is, that where persons are incapable of acting for themselves, although not strictly idiots or lunatics, the…
2Cases cited1 opinion
- Dumond v. MageeNew York Court of Chancery · 1816