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PASCHONG v. HOLLENBECK

13 Wis.2d 415 (1961)

PASCHONG, Plaintiff and Appellant, v. HOLLENBECK and others, Defendants: DURR, Defendant and Respondent.

Supreme Court of Wisconsin.

April 7, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs by Paulsen, Wake & Prosser, attorneys, and Jack R. Wiedabach of counsel, all of Milwaukee, and oral argument by Mr. Wiedabach.

For the respondent there was a brief by Baker, Juliani & Stanhope of Kenosha, and oral argument by Robert V. Baker.

HALLOWS, J.

The basic issue is whether the trial court committed error in refusing to exercise its discretion to relieve the appellant from the order of September 14, 1959. Sec. 269.46 (1), Stats., provides a court may within one year after notice thereof relieve a party from a judgment, order, stipulation, or other proceeding obtained against him through his mistake, inadvertence, surprise, or excusable neglect. The appellant contends the failure of his attorney...

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