An infant cannot appoint an attorney ; he must, therefore, appear by guardian or pro Mein ami.
A lunatic, if of full age, may appear by attorney ; if under age, by guardian only. 2 Wms. Saund. 335 ; id. 232 (a), n. (4); but if so insane as to be incapable of knowing his mental state he cannot authorize appearance by an attorney; Chase v. Chase, 163 Ind. 178, 71 N. E. 485. Process should be served on defendant and the appearance for him should be entered by the guardian or com mittee ; Stoner v. Riggs, 128 Mich. 129, 87 N. W. 109 ; Rutherford's Lessee v. Folger, 20 N. J. L. 115.
A married woman, when sued without her husband, should defend in person; 1 Wms. Saund. 209 b. When sued jointly with hini under a statute providing for such suit on their joint contract and that she may defend separately or jointly, an appearance by coun sel employed by her husband to defend does not bind her ; Taylor v. Welslager, 90 Md. 414, 45 Atl. 478.
The effect of an appearance by the defend ant is, that both parties are considered to be in court.
In criminal cases the personal appearance of the accused in court is often necessary. See 2 Burr. 931; id. 1786; 1 W. Bla. 198.
The verdict of the jury must, in all cases of treason and felony, be delivered in open court, in the presence of the defendant. In cases of misdemeanor, the presence of the defendant during the trial is not essential ; Bacon, Abr. Verdict, B; Arch. Cr. P1. (14th ed.) 149.
No motion for a new trial is allowed un less the defendant, or, If more than one, the .defendants, who have been convicted, are present in court when the motion is made ; 3 M. & S. 10, note; 17 Q. B. 503 ; 2 Den. Cr. Cas. 372, note. But this rule does not apply .where the offence of which the defendant has been convicted is punishable by a fine only; 2 Den. Cr. Cas. 459; or where the de fendant is in custody on criminal process; 4 B. & C. 329. On a charge of felony, a party suing out a writ of error must appear in per son to assign errors ; and it is said that if the party is in custody in the prison of the county or city in which the trial has taken place, he must be brought up by habeas cor pus, for'the purpose of this formality, which writ must be moved for on affidavit. This course was followed in 2 Den. Cr. Cas. 287;