Hernandez v. Billotte

McAdam, Ch. J.

Where an infant brings suit by guardian ad litem and is defeated, the judgment for the defendant’s costs should be entered against the guardian, who is personally responsible for them {Oode, § 469), and the judgment is to be cpllected from the guardian, by execution or otherwise, in the same manner as though the guardian had been plaintiff in his own fight {Oode, § 3249). These provisions supersede the practice which pre*320vailed under the old Codes (see notes to section 3249 of Throop’s Code). The defendant must follow the practice here laid down.