Trapnell v. Smith

My reasons for dissent are (1) the only question presented for decision to the trial judge was whether the pleadings on their face failed to show service upon the guardian ad litem. That is the only question this court, as a court for correction of errors can decide, that is, did the trial judge err in refusing to grant the motion for judgment on the pleadings on the grounds upon which movant-appellant expressly placed the motion? (2) The face of the pleading shows that the appointment of a guardian ad litem was improper as it appears that representatives had been appointed, as required by…