Kellogg-Citizens National Bank v. Francois

There would seem to be one complete and all-sufficient answer to the contentions made on behalf of the defendant Francois jn this case. The deficiency judgment was entered on February 18, 1937, and notice of entry thereof served. These motions were made under sec. 269.46, Stats. Under this section, it is not enough that a motion be made within a year but the court must act within a year. Fischbeck v. Mielenz (1916); 162 Wis. 12, 154 N. W. 701; Elmergreen v. Kern (1918), 167 Wis. 560, 168 N. W. 407. While it is true that no notice of entry of judgment of foreclosure was served upon the…