Kramer v. Bohlman

A review of the decisions of this court reveals that it has never been squarely determined whether a party seeking modification of a stipulation upon which a judgment or judgments are based may initiate an independent action in equity to obtain such relief. The case is therefore one of first impression.

Sec. 269.46 (1), Stats., insofar as it is relevant to the case at bar provides:

“(1) 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 . . . .” (Italics supplied.)

We have no…