State Ex Rel. Cullen v. Ceci

After perfection of the appeal in this case, but prior to the time of argument, this court decided on May 6, 1969, State ex rel. Dore v. Stoltz (1969), 42 Wis. 2d 534, 167 N. W. 2d 214. This case held that:

“A writ of prohibition will not be issued when there is an adequate remedy by appeal or otherwise. See Drugsvold v. Small Claims Court (1961), 13 Wis. 2d 228, 231, 108 N. W. 2d 648. This court has long approved the use of habeas corpus to challenge the validity of the complaint and the validity of a bindover, and we now declare that this is the sole remedy for this type of situation.” (p.…