
    Hillyer and Wife against Larzelere.
    NEW YORK,
    May, 1812.
    In an action the tenant be an infant, he must appear and defend by guardian.
    
    THIS was an action of dower. A judgment by default having been obtained against the tenant, who was an infant under the age of 10 years.
    
      Metcalf, for the tenant, moved that the default and subsequent proceedings be set aside for irregularity, that a guardian ad litem be appointed for the tenant, and that he have leave to plead tout temps prist, &c.
    P. W. Radcliff, contra, objected that in a real action it was not necessary to appoint a guardian, and that the proceedings were , regular.
   Per Curiam.

Let the default and subsequent proceedings be set aside, and a guardian ad litem be appointed, who may plead tout temps prist, 8cc.

Motion granted.  