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TUSZKIEWICZ v. LEPINS

No. 72.

41 Wis.2d 102 (1968)

163 N.W.2d 188

TUSZKIEWICZ, Respondent, v. LEPINS and others, Appellants.

Supreme Court of Wisconsin.

Decided December 20, 1968.

Attorney(s) appearing for the Case

For the appellants John Tuszkiewicz and Northwestern National Insurance Company there was a brief by Stanley F. Schellinger of Milwaukee, joined in by Ames, Riordan, Crivello & Sullivan of Milwaukee, for Howard C. Lepins and the Travelers Indemnity Company, and oral argument by Mr. Schellinger and Mr. Frank T. Crivello.

For the respondent the cause was submitted on the brief of Donald R. Hunter and George E. Kunde, both of Milwaukee.

HEFFERNAN, J.

The respondent relies upon sec. 269.46 (1), Stats., which provides:

"The court may, upon notice and just terms, at any time within one year after notice thereof, relieve a party from a judgment, order, stipulation or other proceeding against him obtained, through his mistake, inadvertence, surprise or excusable neglect . . . ."

The appellant contends that the trial court was without jurisdiction to vacate the order because more than one...

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