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CONWAY v. DIVISION OF CONSERVATION

No. 34.

50 Wis.2d 152 (1971)

183 N.W.2d 77

CONWAY and wife, Appellants, v. DIVISION OF CONSERVATION, DEPARTMENT OF NATURAL RESOURCES, Respondent.

Supreme Court of Wisconsin.

Decided February 5, 1971.

Attorney(s) appearing for the Case

For the appellants there were briefs by David Bogue of Portage, attorney, and Vaughn S. Conway and Kenneth H. Conway, both of Baraboo, of counsel, and oral argument by Mr. Bogue.

For the respondent the cause was argued by Roy G. Mita, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

This is an action in equity to set aside a judgment for specific performance.1 Three distractive flourishes are added to it.

1. It is brought in a county other than the county in which the judgment was entered.2 Ordinarily, proceedings seeking the modification or setting aside of a judgment are to be "... a continuation of the action in which the judgment was rendered."

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