FARMERS GRAIN EXCHANGE v. CRULL

No. 64.

50 Wis.2d 161 (1971)

183 N.W.2d 41

FARMERS GRAIN EXCHANGE, INC., Respondent, v. CRULL, Appellant.

Supreme Court of Wisconsin.

Decided February 5, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Prazak & Geffs of Clinton, and oral argument by Jacob Geffs.

For the respondent there was a brief and oral argument by Richard B. Eager of Evansville.


HANLEY, J.

The issues raised by Crull's appeal are:

(1) Was the court's action in vacating the first judgment pursuant to sec. 269.46, Stats., void because defendant had no notice of such proceeding; and

(2) Does the withdrawal of an invalid cognovit judgment prohibit the confession of judgment under the same power of attorney?

Question of notice.

Sec. 269.46(1), Stats., provides in part as follows:

"Relief from...

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