Gillard v. Aaberg

No brief was filed by the respondents. We might reverse for that reason alone under Supreme Court Rules 32 and 35 (secs. 251.32 and 251.35, Stats.). Nevertheless the presumption in favor of an order of the circuit court is such that we prefer to consider the appeal on the merits.

The order appealed from provides in part that the motion to vacate the “judgment” be granted. No judgment was ever entered in the cause. In the context, we interpret that part of the order as granting the motion to vacate the order for judgment dated April 5, 1957.

In essence, the order appealed from has two parts, one…