Estate of Pollack v. McMurrey

I agree with the judgment and opinion of the court, but would more fully address the argument the Petitioners raised for the first time in their amended application for writ of error. Petitioners complain that the trial court erred in granting default judgment against the representative of the estate because the decedent of the estate had previously filed an answer. I agree that the trial court committed error by granting the judgment, but it is not funda*394mental error which may be raised for the first time on appeal as the petitioners have attempted to do.

Sheldon L. Pollack filed both original…