Willing v. Porter

When, in an application to be relieved of a default, there is a showing of excusable neglect and the showing of a meritorious defense to the entry of a judgment, the trial court may refuse to enter a default judgment and may grant a defendant an opportunity to plead. The terms of sec. 270.62 (1), (2), Stats., providing that “ a default judgment may be entered” and “the plaintiff may apply to the court for judgment” do not mean that the court is required to enter a default judgment. The word “may” is not mandatory. This follows from sec. 269.46 (1) which provides that:

“The court may, upon…