State Ex Rel. Gaynon v. Krueger

This appeal raises the question of whether the failure or refusal to make an income-tax *614return or the making of a false or fraudulent return under sec. 71.11 (42), Stats., is a felony or a misdemeanor.

As a preliminary question, the respondent argues the appeal should be dismissed because a writ of prohibition is the wrong remedy. We think not. Traditionally, this writ was used to keep an inferior court from acting outside its jurisdiction when there was no adequate remedy by appeal or otherwise. State ex rel. Mitchell v. Superior Court (1961), 14 Wis. (2d) 77, 109 N. W. (2d) 522; State ex…