Wagner v. Springaire Corp.

The hearing on applications for default judgments was held on November 3, 1969, more than sixty days after the expiration of the time for answering the complaints. The hearing was upon due notice. At the hearing the defendant asked for enlargement of the time in which to answer.

Sec. 269.45 (2), Stats., provides:

“After the expiration of the specified period . . . the court may in its discretion, for like cause, upon notice, extend the time where the failure to act was the result of excusable neglect . . . .”

To show excusable neglect, Springaire’s attorney submitted identical affidavits in each…