Harris v. Golliner

The cognovit judgment involved in this case was entered November 30, 1937. A motion to open the judgment and permit defense was made on November 29, 1938, when an order to show cause was issued returnable December 7, 1938. The court filed a written decision on June 30, 1939, stating that “the application must be denied,” and the order of denial was actually entered on November 16, 1939.

The application for relief was under sec. 269.46 (1), Stats., on the ground that the judgment was entered against the movant through “surprise.” The respondents claim that the order refusing to vacate the…