Guardian Ad Litem

A guardian appointed for the purposes of a suit. The appointment of such is incident to the power of every court to try a ease (2 Cow. [N. Y.] 430), and the power is then confined to the particular case at bar (Co. Litt. 89, note 16). His duty is to manage the interest of the infant when sued, or to bring suit for him. In criminal cases, no guardian is appointed; the court acts as guardian. Reeve, Dom. Rel. 318.

A guardian appointed to represent the ward in legal proceedings to which he is a party defendant. The appointment of such is incident to the power of every court to try a case; Bullard V. Spoor, 2 Cow. (N. Y.) 430; and the power is then confined to the particular case at bar; Co. Litt. 89, n. 16. His duty is to manage the interest of the infant when sued. In criminal cases no guardian is appointed: the court acts as guardian; Reeve, Dorn. Rel. 318; Field, Inf. 163. A guardian ad litem modes prescribed by law; Hodges v. Wise, 16 Ala. 609; Shaefer v. Gates, 2 B.^Mon. (Ky.) 453, 38 Am. Dec. 164. See Allsmlller V. Freutchenicht, 86 Ky. 198, 6 S. W. 746. Such guardian cannot waive service of process; Robbins v. Robbins, 2 Ind. 74; and his powers are not limited to defence, objection, and opposition merely, but he may file a cross bill to protect the' infant’s interest involved in the litigation, and appeal from a decree dismissing the same; Sprague v. Beamer, 45 III. App. 17. The writ and declaration in actions at law against Infants are to be made out as In ordinary cases. In English praictice where the defendant neglects to appear, or appeal’s otherwise than by guardian, the plaintiff may apply for and obtain a summons calling on him to appear by guardian within a given time; otherwise the plaintiff may be at liberty to proceed as in other cases, having had a nominal guardian assigned to the Infant; Maephers. Inf. 359. A like rule prevails in New York and other states; Van Deusen v. Brower, 6 Cow. (N. Y.) 60; Clarke v. Gllmanton, 12 N. H. 515. Schoul. Dorn. Rel. 596. The omission to apiwint a guardian ad litem does not render the judgment void, but only voidable; Austin v. Trustees, 8 Mete. (Mass.) 196, 41 Am. Dec. 497. See Delashmutt v. Parrent, 39 Kan. 548, 18 Pac. 712. It will be presumed, where the chancellor I’ecelved the answer of a person as guardian ad litem, that he was regularly appointed, although it does not appea r of record; Stevenson v. Kurtz, 98 Mich. 493, 57 N. W. 580. See Robertson v. Robertson, 2 Swan (Tenn.) 197. It is held to be error to decree the sale of a decedent’s property on the petition of the representatives, without the previous appointment of a guardian ad litem for the infant heirs; Craig v. Mc Gehee, 16 Ala. 41. Where the general guardian petitions for a sale of his ward’s lands, the court must appoint a guardian ad litem; Wyatt v. Mansfield’s Heirs, 18 B. Monr. (Ky.) 779; King V. Collins, 21 Ala. 363; Mc Allister v. Moye, 30 Miss. 258; Sturges v. Longworth, 1 Ohio St 544; but this is not necessary where the application is for leave to invest money of the ward in land; Callaway v. Bridges, 79 Ga. 753, 4 S. E. 687. It seems that a guardian ad litem can elect whether to come Into hotch-pot; Andrews V. Hall, 15 Ala. 85. An appearance of the minor in court Is not necessary for the appointment of a guardian to manage his interest in the suit; 11 E. L. & Eq. 156. If an infant comes of age pending the suit, he can assert his rights at once for himself, and if he does not he cannot generally complain of the acts of his guardian ad litem; Mitchell V. Berry, 1 Mete. (Ky.) 602; Marshall V. Wing, 60 Me. 62. The appointment of a guardian ad litem accepted service thereof; Cates v. Pickett, 07 N. O. 21, 1 S. E. 763. The rule that a next friend or guardian ad litem cannot by admissions or stipulation, surrender the rights of the Infant, does not prevent a guardian ad litem or prochein ami from assenting to such arrangements as will facilitate the determination of the case in which the rights of the infant are involved; Kingsbury V. Buckner, 134 U. S. 650, 10 Sup. Ct 638, 33 L Ed. 1047. A married woman cannot be a guardian ad litem or next friend; 34 Ch. D. 435.

A guardian appointed by a court of justice to prosecute or defend for an infant, in any suit to which he may be a party. 2 Steph. Com. 342. Most commonly appointed for infant defendants; infant plaintiffs generally suing by next friend. See Next friend, Frochein ami. This kind of guardian has no right to interfere with the infant's person or property. 2 Steph. Com. 343. See Ad litem. GUARDIAN (or GARDEYNE) DE