Southern Colonization Co. v. Howard Cole & Co.

Sec. 2832, Stats., pursuant to the terms of which the trial court acted, provides that—

“The court or a judge may likewise in discretion and upon such terms as may he just, at any time within one year after notice thereof, relieve a party from a judgment, order, stipulation or other proceeding against him, through his mistake, inadvertence, surprise or excusable neglect.”

On behalf of the plaintiff it is contended (1) that the writing in question is not a mere stipulation but a binding contract, and that therefore the court had no power to set it aside under the provisions of sec. 2832; (2)…