Halbach v. Halbach

Respondents submit that the motion to vacate the judgment is insufficient because there is no affidavit that the appellant has a meritorious defense. Where, as here, the motion is made on the ground that the court lacked jurisdiction to enter the judgment, no affidavit of meritorious defense need be made. Chippewa Valley Securities Co. v. Herbst (1938), 227 Wis. 422, 428, 278 N. W. 872. They also submit that appellant’s long delay in proceeding to vacate the judgment constituted laches by reason of which he may be denied relief. Laches cannot operate to validate a void judgment and a judgment…