Legal Opinion

State Ex Rel. Niedziejko v. Coffey

Wisconsin Supreme Court

Decided February 4, 1964PublishedCited by 28 opinions

1Opinion of the CourtBeilfuss, 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 against a magistrate in the conduct of a John Doe proceeding if he is exercising judicial powers. State ex rel. Long v. Keyes (1889), 75…

2Cases cited5 opinions

  1. State Ex Rel. Jackson v. CoffeyWisconsin Supreme Court · 1963
  2. Drugsvold v. Small Claims Court of Dane CountyWisconsin Supreme Court · 1961
  3. State ex rel. Long v. KeyesWisconsin Supreme Court · 1889
  4. State Ex Rel. Kowaleski v. District Court of Milwaukee CountyWisconsin Supreme Court · 1949
  5. State Ex Rel. Distenfeld v. NeelenWisconsin Supreme Court · 1949

3Cited by28 opinions

  1. State Ex Rel. La Crosse Tribune v. Circuit Court for La Crosse CountyWisconsin Supreme Court · 1983
  2. State v. WashingtonWisconsin Supreme Court · 1978
  3. State v. CummingsWisconsin Supreme Court · 1996
  4. State v. HoffmanCourt of Appeals of Wisconsin · 1982
  5. State Ex Rel. Kaczkowski v. Fire & Police CommissionersWisconsin Supreme Court · 1967

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