Belt Line Realty Co v. Dick

The first question in this case relates to the power of the trial court, after the affirmance of the judgment by this court, to vacate the judgment so affirmed and order a new trial without leave from this court first granted. An examination of the' Wisconsin decisions indicates that there is a difference, with respect to the power of the trial court, between sec. 269.46, Stats., which permits the trial court in its discretion, at any time within one year after notice thereof, to relieve the party from a. judgment entered through his “mistake, inadvertence, surprise or excusable neglect,” and…