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WISCONSIN COLLECTORS ASSO. v. THORP FINANCE CORP.

32 Wis.2d 36 (1966)

WISCONSIN COLLECTORS ASSOCIATION, INC., and another, Plaintiffs, v. THORP FINANCE CORPORATION and another, Defendants. [Three appeals.]

Supreme Court of Wisconsin.

October 4, 1966.

Attorney(s) appearing for the Case

For the plaintiffs Wisconsin Collectors Association, Inc., and Hilding Haag there was a brief by Geisler & Kay and Robert J. Kay, all of Madison, and oral argument by Robert J. Kay.

For the defendant Thorp Finance Corporation there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland of Milwaukee, attorneys, and Edward D. Cleveland of Milwaukee and Corwin C. Guell of Thorp of counsel, and oral argument by Mr. Cleveland.

For the defendant Nuesse, commissioner of banks, the cause was argued by E. Weston Wood, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

GORDON, J.

This case presents a difficult and important problem touching on the relationships between courts and administrative agencies. We must decide whether a circuit court is jurisdictionally competent to hear and determine issues which could have been presented to an administrative agency. If a court is not jurisdictionally foreclosed, we must also determine whether the court's refusal to resolve the dispute in the case at bar was an abuse of judicial discretion...

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