Wagner

This is an appeal by the defendant from a judgment in favor of plaintiffs rendered by the trial court and' an attempted appeal from the court’s order denying a motion for a new trial. The action was instituted by plaintiffs to recover damages for the death of their minor son, which was alleged to have been caused by the gross negligence and wilful misconduct of defendant in operating an automobile in which the deceased was riding as the guest of defendant. The action was tried before a jury, which returned a verdict in favor of plaintiffs in the • amount of $3,500.

Appellant’s first contention is that he was a minor at the time the trial of the action occurred and that the failure of the trial court to appoint a guardian ad litem for him rendered the judgment voidable and that by reason of the failure to appoint a guardian appellant was entitled to disaffirm the judgment and that appeal from the voidable judgment is a proper method of disaffirmance.

The record on appeal fails to disclose that appellant applied to the trial court for the appointment of a guardian ad litem. It does disclose that through his counsel he filed an answer verified by himself to the amended complaint ;…