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JACOBSON v. AVESTRUZ

No. 75-653.

81 Wis.2d 240 (1977)

260 N.W.2d 267

JACOBSON, and another, Plaintiffs-Appellants, v. AVESTRUZ, and others, Defendants-Appellants: CIRCUIT COURT FOR DUNN COUNTY, Hon. John G. Bartholomew, Circuit Judge, Presiding, Third-Party Respondent.

Supreme Court of Wisconsin.

Decided December 13, 1977.

Attorney(s) appearing for the Case

For appellants there was a joint brief by James A. Drill of New Richmond, and Roy S. Wilcox of Eau Claire, and oral argument by Mr. Drill and Mr. Wilcox.

For the respondent there was a brief and oral argument by Robert L. Oesterreicher, assistant district attorney of Menomonie.

HANLEY, J.

Two issues are presented for review:

1. Does the respondent have the authority to assess the costs of impaneling a jury against the parties to this action?

2. If the respondent has such authority, was its exercise in the instant case an abuse of discretion?

Authority To Assess Costs of Impaneling the Jury

The basis of the appellants' appeal is that the respondent lacked the authority in this instance to assess the...

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