Johnson v. Johnson

Opinion op the Court by

Chief Justice Fulton

Affirming.

The sole question involved on this appeal is whether a committee of an incompetent person may maintain in the latter’s behalf an action for divorce. The chancellor, being of the opinion that the action could not he maintained, sustained a special demurrer and dismissed the petition.

The question is one of novel impression in our jur isdiction although we held in Johnson v. Johnson, 277 Ky. 623, 126 S. W. (2d) 1055, that a committee could maintain an action to annul the marriage of his ward who was insane at the time of the marriage since…