BUCKLEY v. PARK BUILDING CORP.


27 Wis.2d 425 (1965)

BUCKLEY, Respondent, v. PARK BUILDING CORPORATION, Appellant.

Supreme Court of Wisconsin.

April 27, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by Gerald T. Hayes.

For the respondent there was a brief by Harold Harris, attorney, and Alvin Richman of counsel, both of Milwaukee, and oral argument by Mr. Harris.


FAIRCHILD, J.

Defendant asserts that the May, 1963, judgment in its favor has never been set aside and still constitutes a final determination of the rights of the parties; that the amended complaint is a fugitive pleading without force. Plaintiff counters, of course, with the order of January 7, 1964, which "permitted relief under section 269.46" and expressly allowed plaintiff to amend her pleadings. Although the order did not employ the words "vacate," "set aside...

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