Murphy v. Murphy

OPINION

By MATTHEWS, PJ.:

This cause comes before the court upon appellee’s motion to dismiss the appeal on the ground that the appellant was an incompetent, having been déclared such by the Probate Court of Hamilton County, and, for that reason, lacked the capacity to prosecute this appeal.

This is an action for divorce and alimony. We learn from the petition that the defendant Joseph H. Murphy had been declared an incompetent by the Probate Court of Hamilton County, and that plaintiff, Margaret Murphy was appointed as his Guardian and -was still acting as such. The plaintiff as Guardian was…