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STATE EX REL. LANG v. MUNICIPAL JUSTICE COURT

No. 51.

50 Wis.2d 21 (1971)

183 N.W.2d 43

STATE EX REL. LANG, Appellant, v. MUNICIPAL JUSTICE COURT OF THE CITY OF CUDAHY and others, Respondents.

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Stephen J. Hajduch of Milwaukee.

For the respondent city of Cudahy there was a brief by Boren, Schmidt & Fleming and Morton J. Schmidt, all of Cudahy, and oral argument by Morton J. Schmidt.

WILKIE, J.

We do not reach the question of whether the writ of prohibition was an appropriate remedy in this case because of our disposition of a single issue, dispositive of the case, which is whether the municipal justice court had jurisdiction over appellant's alleged ordinance violation case.

The extraordinary writ of prohibition is traditionally available to restrain inferior courts from exercising power beyond their jurisdiction. The writ will not be...

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