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STATE EX REL. BEAUDRY v. PANOSIAN

35 Wis.2d 418 (1967)

STATE EX REL. BEAUDRY, Appellant, v. PANOSIAN, Municipal Justice of the Peace, Respondent.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Richard D. Kaestner, attorney, and Roland J. Steinle, Jr., of counsel, both of Milwaukee, and oral argument by Mr. Steinle.

For the respondent there was a brief and oral argument by William T. Schmid, city attorney of West Allis.

BEILFUSS, J.

We deem the controlling issue to be: Were the petition for writ of prohibition and other proofs sufficient to support the issuance of the writ?

The petitioner relies upon three statutes which are as follows:

"301.39 First adjournment when parties appear. At the time of the return of the process or of joining issue without process the justice may adjourn the action not exceeding 3...

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