State v. Eigel

Sec. 269.46, Stats., provides that a court may relieve a party from an order against him through his mistake, inadvertence, surprise, or excusable neglect. The court was without power to vacate the order of March 6, 1931, except as provided in sec. 269.46, because the term during which it was made had expired. It is the contention of the plaintiff that the order of December 28, 1931, reinstating the action, is not an appealable order. *277The order of March 6, 1931, dismissing the action, was appealable because it determined the action. Sec. 274.33, Stats. The order of December 28, 1931,…