EICH, J.
First Interstate Bank of Wisconsin, the garnishee defendant in this action, appeals from an order denying its motion for costs and fees under the "frivolous action" statute, sec. 814.025, Stats. The sole issue is whether the statute applies where the lawsuit itself is meritorious, but where the defendant asserts that the plaintiff's attorney has taken some action in prosecuting the suit which is claimed to be "frivolous" in the statutory sense. We conclude...
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