Gardner v. . Ellis ( 1799 )

The practice of appointing a guardian upon the return of a sci. fa. after service upon the infant, is liable to objection; for as such guardian gives no security, the infant may lose a remedy against him, if he mismanages the defense. We will, however, appoint a guardian for this defense; but it is proper to take notice that hereafter applications should be made to the proper Court for the appointment of guardians before thesci. fa. issues.