Dudgeon v. Watson

The plea of the defendant alleging that complainant “was at the time of the commencement of the suit non compos mantis and incapable to sue,” does not allege that he has been so found by inquisition or that any committee has been 'appointed. In the absence of such an allegation there is no authority for such a plea. Mitf. PL (4th Ed.) 229; Mitf. & T. 320. The proper practice in such a case is by an application to the court to strike the bill from the files because if has been filed without authority, owing to the mental incapacity of the complainant, or to apply for a stay of proceedings…