WITHERS v. TUCKER


32 Wis.2d 496 (1966)

WITHERS, by Guardian ad litem, Plaintiff and Appellant, v. TUCKER and another, Defendants: ELECTRONIC EXPEDITORS, INC., and another, Defendants and Respondents.

Supreme Court of Wisconsin.

November 1, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by H. R. George of Milwaukee.

For the respondents there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Kurt H. Frauen and Thomas N. Klug of counsel, all of Milwaukee, and oral argument by Mr. Frauen and Mr. Klug.


HANLEY, J.

The sole issue is whether the trial court committed prejudicial error in refusing to set aside all proceedings in which plaintiff appeared without a guardian ad litem occurring prior to plaintiff's claim of mental incompetence.

Sec. 260.22, Stats., is the applicable statute with respect to the necessity of the appointment of the guardian ad litem in a court action for personal injuries.

The statute provides as follows:

...

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