Brihm v. Ætna Insurance Co. of Hartford

The court below relieved the defendant from the default judgment, excused its delay in serving an answer, and permitted such to be presently done pursuant to sec. 269.46, Stats., which provides that such relief may be granted “in discretion and upon such terms as may be just.” Appellant contends that there was here an abuse of judicial discretion in the fixing of such a substantial sum as terms. It relies upon Port Huron E. & T. Co. v. Clements, 113 Wis. 249, 89 N. W. 160, the cases there cited at p. 258, and other cases.

It is not disputed but that defendant, upon proper procedure taken…