Sutter v. State

The plaintiffs contend that the trial court either erred in failing to exercise its discretion to grant relief from judgment or abused its discretion in its exercise; and ask this court to reverse the orders of the trial court in the interest of justice.

The trial court was without power to grant the relief requested. After providing in a general way for the mandate of this court, sec. 274.35, Stats., declares:

“. . . In all cases the supreme court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance therewith.”

It is desirable that…