Legal Opinion
State Ex Rel. Green v. Williams
Wisconsin Supreme Court
Decided February 2, 1971No. 19PublishedCited by 5 opinions
1Opinion of the CourtBeilfuss, J.
The authority to open and amend or set aside the judgment entered on June 19, 1967, must be found in sec. 269.46 (1), Stats., which provides:
“The court may, upon notice and just terms, at any time within one year after notice thereof, relieve a party from a judgment, order, stipulation or other proceeding against Mm obtained, through his mistake, inadvertence, surprise or excusable neglect . . . .”
It is clear under sec. 269.46 (1), Stats., that a court does not have the authority to open or vacate a judgment on the grounds enumerated in the statute if more than one year has passed after…
2Cases cited5 opinions
- Lacey v. LaceyWisconsin Supreme Court · 1970
- Walber v. WalberWisconsin Supreme Court · 1968
- Jacobs v. JacobsWisconsin Supreme Court · 1969
- Thorp Small Business Investment Corp. v. GassWisconsin Supreme Court · 1964
- Tuszkiewicz v. LepinsWisconsin Supreme Court · 1968
3Cited by5 opinions
- Gerhardt v. Estate of MooreWisconsin Supreme Court · 1989
- Gerhardt v. Estate of MooreWisconsin Supreme Court · 1987
- Miro Tool & Mfg., Inc. v. Midland MacHinery, Inc.Court of Appeals of Wisconsin · 1996
- Gerhardt v. Estate of MooreWisconsin Supreme Court · 1989
- Miro Tool & Mfg., Inc. v. Midland MacHinery, Inc.Court of Appeals of Wisconsin · 1996