Cruis Along Boats, Inc. v. Standard Steel Products Manufacturing Co.

The issue on this appeal is whether the trial court abused its discretion in refusing to vacate the default judgment rendered upon the cross complaint of defendant Standard Steel Products against impleaded defendant Kenosha Auto Transport.

The contention of appellant Kenosha Auto Transport is that it has established a clear case of “excusable neglect” within the meaning of sec. 269.46(1), Stats.,1 which required the trial court to vacate the default judgment. It advances these reasons in support of this contention: (1) The attorney in charge of the case was prevented by the press of trial work…