
    Stewart v. Crabbin’s Guardian.
    Decided, Feb. 10th, 1819.
    i. Assault and Battery — Infant—In Whose Name Action Brought. — An action for an assault and battery committed upon an infant, ought not to be brought in the name of the guardian of such infant, but in the name of such infant by his or her guardian or. next friend; and error in this respect before Jan. 1st, 1820, was fatal, even after general verdict for the plaintiff.
    But see R. Code of 1819, c. 128, § 103, Vol. 1st. p. 51-112.
    An action of assault and battery was brought in the Superior Court of New Kent County by Alexander H. Crab bin guardian of William H. Crabbin an infant, against Thomas E. Stewart. On the plea of not guilty, a general Verdict was found for $200 damages, and Judgment entered, from which the defendant appealed to this Court.
    Stanard for the appellant.
    Wickham for the appellee.
   By the Court.

It appearing from the Declaration, that this action is brought by and for the Guardian, instead of being brought by the infant by his guardian, the Court is of opinion, that the judgment should be reversed, and entered for the appellant.  