Bank of United States v. Ritchie (1834)
In Bank of United States v. Ritchie (1834) 33 U.S. 128, the guardian ad litem had been appointed on motion of counsel for plaintiff, "without bringing the minors into court, or issuing a commission for the purpose of making the appointment."
As the Supreme Court said:
"The adversary counsel is not the person to name the guardian to defend the infant."
The court pointed out also that although the infants had parents living, a person "not shown to be connected with them was appointed their guardian ad litem."