Majority
p. 41In the matter of Ann and Emma Byrne, infants, &c. July, 1831.
Headnote
A guardian of poor infants must be first appointed to defend a suit, before any application can be made to the court for the purpose of their suing as paupers.Mr. Mulock had entered an order, referring it to a master to report as to the propriety of the above infants defending, as poor persons; and he now, upon the report, asked for an order that they might so defend.
considered the first application ought to be for a guardian ad litem; and declined making any order, in relation to the infants suing as poor persons, until such guardian was before the court.