fore, complete, when an answer on behalf of the infants has been put in by the guardian so appointed. id. the property of one of them, the plaintiff will not be allowed to countermand it, and issue a new execution for the purpose of making a levy upon the sole property of the other defendant. 26. The appointment of a guardian ad McChain v. McKeon, litem, in a partition suit, is regulated by the R. S., and is made by the court (2 R. S., § 2, p. 317). 645 id. 27. To such an appointment, the cases of The People v. Hoffman (7 Wend. 487) and Grant v. Van Schoonhoven (9 Paige, 225) have no application. id. 18. Such a proceeding is emphatically unjust and illegal, when it appears that the first execution was withdrawn at the request of the debtor upon whose property it was levied, and with the express purpose of screening him from the payment of any part of the debt, and collecting the whole 28. The personal service of a summons from the property of his co-defendant. id. upon an infant of the age of 14, under § 134. sub. 4 of the Code, has no other use than to hasten the period, within which the plaintiff may apply for the appointment of a guardian, when the infant himself neglects to apply, since, until this appointment is made, there can be no further proceeding against the infant. id. |