Hessenius v. Schmidt

This is a review of an unpublished decision of the court of appeals dated May 27, 1980, affirming an order of the circuit court for Winnebago county: LEO W. MACK, court commissioner.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 defendant to present testimony supporting his counter claim? We hold that the court commissioner lacked jurisdiction over the counterclaim and…