A person who is non compos mentis, though not legally adjudged to be an insane person, is incapable of being legally served with a petition for divorce; and a judgment in an uncontested divorce suit which is predicated upon such service may be *797 set aside in a proceeding by a next friend. Code, §§ 110-709, 110-710; Perry v. Fletcher, 46 Ga. App. 450 (1) (167 S. E. 796); Henry & Co. v. Johnson, 178 Ga. 541 (5c) (173 S. E. 659).

Judgment affirmed.