Kilmer v. Kilmer

On this appeal we shall not pass upon the contention of the defendant that his marriage in Michigan to Evora Jones was valid.

It is argued that the trial court was in error in vacating the judgment entered on April 28, 1944. The motion to vacate the judgment was not made in this case under sec. 269.46 (1), Stats., which provides :

“The court may, upon notice and just terms, at any time within one year after notice thereof, relieve a party from a judgment, order, stipulation or other proceeding against him obtained, through his mistake, inadvertence, surprise or excusable neglect and may supply…