
    * Ex Parte Richard Leighton.
    A person to whom, as a non compos, the judge of probate has appointed a guardian, is still liable to be sued in a civil action, and to be committed in execution.
    The said Leighton was brought from the prison of the county, upon a writ of habeas corpus, on which the keeper of the prison had returned that he was committed on an execution issued upon a judgment against him in a civil action, a copy of which accompanied his return.
    It appeared that Leighton, having been duly found non compos, the judge of probate for this county had appointed a guardian of his person and estate, pursuant to Stat. 1783, c. 38, <§> 3; and that the action in which the said judgment was rendered was commenced after the appointment of a guardian, as aforesaid.
   The Court,

after looking into the statute, and the case of Thachen & Al. vs. Dinsmore, held the return sufficient, and Leighton was remanded to prison. 
      
       5 Mass. Rep. 299.
     