Gardner v. Heirs of Ellis ( 1799 )

Moore, J.

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 defence. We will, However, appoint a guardian for this defence ; but it is proper to take notice, that hereafter, applications should be made to the proper court, for the appointment of guardians, before the fci: fa: issues.