Tuszkiewicz v. Lepins

The respondent relies upon 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 him obtained, through his mistake, inadvertence, surprise or excusable neglect . . . .”

The appellant contends that the trial court was without jurisdiction to vacate the order because more than one year had elapsed since the date of that order. The cases cited by appellant do not support his contention. He cites Thorp Small Business Investment Corp. v.…