STATE EX REL. NIEDZIEJKO v. COFFEY


22 Wis.2d 392 (1964)

STATE EX REL. NIEDZIEJKO, Appellant, v. COFFEY, Respondent. STATE EX REL. KACZKOWSKI, Appellant, v. SAME, Respondent.

Supreme Court of Wisconsin.

February 4, 1964.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Louis J. Ceci of Milwaukee.

For the respondent the cause was argued by Leroy L. Dalton and Robert D. Martinson, assistant attorneys general, with whom on the brief was George Thompson, attorney general.


BEILFUSS, J.

The trial judge granted respondent's motion to quash the writs on the ground (1) that the threatened acts of Judge COFFEY sought to be restrained by writs of prohibition would be performed when Judge COFFEY was acting in a ministerial rather than judicial capacity; (2) that petitioners have an adequate remedy at law; and (3) that prohibition will not lie as to completed acts. It has long ago been settled in this state that a writ of prohibition will lie...

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