Jacobson v. Avestruz

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 costs of impaneling the jury. They contend that the only statutory authority for assessing such fees is granted to courts by sec. 270.165, Stats. (1973) (814.51, Stats. (1975)) and…