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PADEK v. THORNTON

3 Wis.2d 334 (1958)

PADEK and wife, Respondents, vs. THORNTON, Appellant.

Supreme Court of Wisconsin.

February 28, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by George R. Brawley of Milwaukee.

For the respondents there were briefs by Weisfeldt & Berman of Milwaukee, and oral argument by Harry J. Weisfeldt and Gene A. Berman.

BROADFOOT, J.

Sec. 269.46, Stats., provides for relief from judgments and orders. Decisions under said section are reviewed briefly in 6 Callaghan's Wisconsin Pleading and Practice (3d ed.), p. 11, sec. 40.11:

"By statute, the court may, `upon notice and just terms, at any time within one year after notice thereof, relieve a party from a judgment . . . against him obtained, through his mistake, inadvertence, surprise, or excusable neglect. . . .' This provision...

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