Fetsch v. Police Justice Court

This is an application for an order of prohibition against the Police Justice of a small incorporated village to prevent him from proceeding with the trial of a criminal charge against the defendants under a recently enacted anti-noise village ordinance.

Prohibition is an extraordinary remedy resting in the sound discretion of the court, not ordinarily available to a litigant, when the ordinary processes of the law offer an adequate remedy to redress his grievance. But this is rather an extraordinary case and while the petitioners indubitably will have a right to appeal after conviction, the…