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STATE v. OMERNICK

14 Wis.2d 285 (1961)

STATE, Respondent, v. OMERNICK, Appellant.

Supreme Court of Wisconsin.

October 3, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert W. Dean of Wausau.

For the respondent the cause was argued by Albert Harriman, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.

HALLOWS, J.

The only question presented is whether the trial court abused its discretion in denying the motion to vacate the judgment and reopen the case under sec. 269.46 (1), Stats.1 The statute is not mandatory but places a judicial discretion upon the trial court to vacate a default judgment if the grounds for such vacation are shown. Paschong v. Hollenbeck (1961),

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