case thomas Simpson and John Simpson against Jackson the guardian and the next  friend of a infant be distinct character and a infant may sue by either but he  must defend by guardian and not by his prochein any ante cro car Inst palm    light b   roll Rep f n b side Jones Bulst hut lev hut Mod Mod stram will Cowp  error of a judgement in Durham the error assign be because in a ejectment  against Thomas Simpson the father and John Simpson his son the father appear  by Timothy command his attorney and the say John Simpson by the say Timothy  command neighbor friend suum who be admit per curian pro eoden John Simpson ad  to follow and plead not guilty whereas he ought to have be admit to plead by  his guardian and not by prochein any and the admittance ought to have be ad  defendum and not ad to follow croak throw Damport and sir Henry Yelverton of  counsel with the defendant in the writ of error move that it be not any error  for prochein any be a guardian and a guardian and prochein any be both one  when admit by the court and they be term so in our book both way and although  the entry be ad to follow yet it be good enough for the defendant may  prosecute a venire facias cum proviso so there be difference but in the term  only and chamberlain puisne justice be of that opinion but lea Doderidge and  Houghton to the contrary that it be erroneous for both cause for a guardian  and prochein any be distinct and a guardian or prochein any may be admit for  the plaintiff and the prochein any never be until the statute of Westminster c  and Westminster c and he be appoint in case of necessity a where a infant be  to sue his guardian or be esloyned or that the guardian will not sue for he  and for these cause he may be admit to sue by guardian or prochein any where  he be to demand or to gain but when he be to defend a suit in a action real or  personal it ought to be always by guardian and the guardian ought to be admit  by the court who may answer his mispleading if there shall be cause as Edward  pl and therefore the defendant ought always to appear by guardian and not by  prochein any as Fitzherbert n Br h and their office be several therefore the  admittance of the defendant by prochein any be erroneous also to admit the  defendant ad to follow be ill and preposterous wherefore the judgement be  reverse vide ass ass dyer see James c a Bl Com croak James er p croak throw  michaelmas term James in the king bench sir James lea Knt chief justice sir  John Doderidge Knt sir Robert Houghton Knt sir Thomas chamberlain Knt justice  sir Thomas Coventry Knt attorney general sir Robert heath Knt solicitor  general