McMillan v. Board of County Commissioners

This is denominated an action in equity, and was instituted by the county commissioners of Adams county against John McMillan, a taxpayer, and the City of Aurora, in which they ask for authority to sell certain lots in the city for delinquent taxes, as in the case of the foreclosure of a mortgage. A motion to dismiss the complaint, in the nature of a demurrer, was filed and overruled. The taxpayer and the City of Aurora elected to stand on their motion and the trial court thereupon entered judgment in accordance with the prayer of the complaint. They seek reversal on a writ of error.

The…