Huguley v. Huguley

Duckworth, Chief Justice.

(After stating the foregoing facts.) The exception to the judgment overruling the demurrer to the petition is without merit. While this court has held that an insane person can not prosecute a suit for divorce by a guardian (Phillips v. Phillips, 203 Ga. 106, 45 S. E. 2d, 621), that rule is bottomed upon the proposition that it is peculiarly a personal decision of the petitioner himself as to whether or not he will condone the acts of his spouse or sue for a divorce. That reasoning does not apply in a case where the petitioner is sane but the defendant is insane. The…