Padek v. Thornton

Sec. 269.46, Stats., provides for relief from judgments and orders. Decisions under said section are reviewed briefly in 6 Callaghan’s Wisconsin Pleading and Practice (3d ed.), p. 11, sec. 40.11:

“By statute, the court may, ‘upon notice and just terms, at any time within one year after notice thereof, relieve a party from a judgment . . . against him obtained, through his mistake, inadvertence, surprise, or excusable neglect. . . .’ This provision applies to all classes of judgments, and is liberally construed. Whether or not relief shall be granted under the statute is to a large extent…