HALBACH v. HALBACH


259 Wis. 329 (1951)

HALBACH and another, EXECUTORS, Respondents, vs. HALBACH, Appellant.

Supreme Court of Wisconsin.

June 15, 1951.


Attorney(s) appearing for the Case

A. D. Sutherland of Fond du Lac, for the appellant.

S. Ted Hitzler, attorney, and S. Richard Heath of counsel, both of Fond du Lac, for the respondents.


BROWN, J.

Respondents submit that the motion to vacate the judgment is insufficient because there is no affidavit that the appellant has a meritorious defense. Where, as here, the motion is made on the ground that the court lacked jurisdiction to enter the judgment, no affidavit of meritorious defense need be made. Chippewa Valley Securities Co. v. Herbst (1938), 227 Wis. 422, 428, 278 N. W. 872. They also submit that appellant's long delay in proceeding to...

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