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HESSENIUS v. SCHMIDT

No. 79-981.

102 Wis.2d 697 (1981)

Dr. Robert G. HESSENIUS, Plaintiff-Respondent, v. Tommie SCHMIDT, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 30, 1981.

Attorney(s) appearing for the Case

For the petitioner there was a brief (in this court) by Williams & Yana of Oshkosh, and oral argument by Joseph V. Yana.

For the respondent there was a brief (in court of appeals) by Robert F. Jansen of Oshkosh.

DAY, J.

This is a review of an unpublished decision of the court of appeals dated May 27, 1980, affirming an order of the circuit court for Winnebago county: LEO W. MACK, court commissioner.

The primary question presented is whether the court commissioner in a small claims proceeding erred in dismissing the defendant's counterclaim alleging frivolous action and asking for costs and attorney's fees pursuant to sec. 814.025, Stats. 1977, without permitting the...

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