State Ex Rel. Borgen v. Nitz

This appeal is from solely the order entered June 25, 1947, denying relators’ petition to have opened up and vacated, and be relieved from, under sec. 269.46 (1), Stats., the judgment of August 2, 1946, on the ground that it was obtained against them through their mistake, inadvertence, surprise or excusable neglect. On this ground, as stated in that statute,—

“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…