GUARDIAN AD LITEM. A guardian appointed for the purposes of a suit.
2. Tne appointment of such is incident to the p iwor of every court to try a case, N. Y. 430 ; and the power is then confined to the particular case at bar. Coke, Litt. 89, n. 16. His duty is to manage the interest of the inant when sued. In criminal cases no guardian is appointed : the court acts as guardian. Reeve, Dom. Rel. 318. A guard ian ad Went cannot be appointed till the in fant has been brought before the court in some of the modes prescribed by law. 16 Ala. N. s. 509 ; 1 Swan, Tenn. 75; 2B. Monr. Ky. 453. Such guardian cannot waive ser vice of process. 2 Ind. 74. The court will not appoint upon the nomination of the com plainant. 2 Paige, 304.
3. The omission to appoint a guardian ad litem does not render the judgment void, but only voidable. 8 Metc. Mass. 196. It will be presumed, where the chancellor received the answer of a person as guardian ad litem, that he was regularly appointed, although it does not appear of record. 19 Miss. 418. See 2
Swan, Tenn.197. It is error to decree the sale of a decedent's property on the petition of the representatives, without the previous ap pointment of a guardian gd litem for the in fant heirs. 16 Ala. N. s. 41. Where the general guardian petitions for a sale of his ward's lands, the court must appoint a guard ian ad litem.. 18 B. Monr. Ky. 779; 21 Ala. N. s. 363; 30 Miss. 258; 1 Ohio St. 544.
It seems that a guardian ad litem can elect whether to come into hotch-pot. 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 Eng. L. & Eq. 156 ; 15 id. 317.