Behrens v. Maerzke

The petition for relief was filed and action taken thereupon by the court’s order fixing the time for- a hearing thereof on November 6, 1922, and therefore within the period of one year after the entry of the order and judgment of. November 7, 1921, sought to be vacated or modified.

Under sec. 4035, Stats., the court could then, or thereafter upon later hearing, have permitted an appeal from the judgment of November 7, 1921, or, in its discretion, reopened the case and granted a retrial. This statute does not require that the petition shall be heard and finally determined within the year…