Field

The defendant Smythe has appealed from an order refusing to vacate and set aside a judgment which was rendered against him in a suit for damages for injuries sustained by the plaintiff in an automobile casualty. Smythe is a minor. The judgment was secured against him without the appointment of a guardian ad litem. The minor subsequently gave notice disaffirming the judgment. He then moved the trial court to vacate the judgment against him on the ground that it had been disaffirmed. The trial court denied the motion. From this order an appeal was perfected.

This cause was previously before this court on a motion to dismiss the appeal. The facts are more elaborately stated in our opinion denying that motion. (Field v. Hughes, 131 Cal. App. 144 [ 20 Pac. (2d) 990 ].) The appellant Smythe loaned his automobile to the defendant Hughes. While Hughes was operating the car, in the absence of Smythe, a collision occurred with a machine which was being driven by the plaintiff Field, who sustained serious injuries as a result of the accident. A suit for damages was instituted in the Superior Court of Sacramento County against both the owner and operator of the Smythe car. Smythe was then…