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STATE EX REL. GREEN v. WILLIAMS

No. 19.

49 Wis.2d 752 (1971)

183 N.W.2d 37

STATE EX REL. GREEN (HUBANKS), Appellant, v. WILLIAMS, Respondent.

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Gerald C. Kops, assistant corporation counsel of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and Robert P. Russell, corporation counsel.

For the respondent there was a brief by Usow, Teper & Weiss of Milwaukee, and oral argument by Herbert L. Usow.

BEILFUSS, J.

The authority to open and amend or set aside the judgment entered on June 19, 1967, must be found in 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 . . . ."...

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