Withers v. Tucker

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:

“260.22 Appearance by guardian or guardian ad litem. When a party to an action or proceeding is a minor, or when the court or judge has reason to believe that a party is mentally…