Comstock v. Carr

6 Wend. 526

Opinion

Judgment of non-pross by an infant defendant set aside, because he defend" ed by attorney, instead of guardian.

The defendant, an infant, appeared by attorney and obtained judgment of non-pross. The plaintiff moved to set aside the judgment on the ground that the defence should have been made by guardian. Motion granted, but without costs, as the plaintiff might have compelled a defence by guardian,