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ARTHUR v. STATE CONSERVATION COMM.

33 Wis.2d 585 (1967)

ARTHUR and others, Appellants, v. STATE CONSERVATION COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

January 31, 1967.

Attorney(s) appearing for the Case

For the appellants there were briefs by Vaughan S. Conway and Kenneth H. Conway, both of Baraboo, and oral argument by Vaughn S. Conway.

For the respondents the cause was argued by Robert B. McConnell, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

HEFFERNAN, J.

Was the counterclaim for ejectment properly brought?

The plaintiffs demurred to the counterclaim for two reasons. They claim in their brief that, "There is simply no connection between the narrow rights claimed by the plaintiffs and the counterclaim of the respondent." Assuming this statement to be factually correct, and that is doubtful, it is apparent that the plaintiffs are asserting the archaic common-law rule of pleading and the rule...

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