Knox v. Clifford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. A judgment for tbe plaintiff in this action, entered May 18, 1875, was affirmed by this court on appeal (38 Wis., 651), and the cause was remitted to the circuit court in December, 1875. On the 8th of January, 1876, defendant obtained a stay of proceedings for twenty days, to enable him to move for a new trial; and on the 28th of February following, he gave notice of a motion for a new trial, under sec. 38, ch. 125, E. S. On…
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APPEAL from the Circuit Court for Portage County. A judgment for tbe plaintiff in this action, entered May 18, 1875, was affirmed by this court on appeal (38 Wis., 651), and the cause was remitted to the circuit court in December, 1875. On the 8th of January, 1876, defendant obtained a stay of proceedings for twenty days, to enable him to move for a new trial; and on the 28th of February following, he gave notice of a motion for a new trial, under sec. 38, ch. 125, E. S. On the 28th of April following, this motion came on for a hearing; but the judge of said court, having been of counsel for…
1Opinion of the CourtCole, J.
The power of the court to relieve a party from a judgment on the ground of mistake or surprise is expressly limited to one year after notice of the judgment. Section 38, ch. 125, E. S. In the absence of this provision, the power of the court to set aside the judgment for any such reason would expire with the term at-which the judgment was rendered. These points have frequently been decided by this court, as the reported cases will show. In this case the motion to vacate the judgment was granted on the 25th day of July, 1876. The judgment was really entered on the 18th day of May, 1875. It…
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