Myrick v. City of La Crosse
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. The case is stated in the opinion of the court. contended that before a court of equity should interfere to restrain- the collection of the amounts assessed against the lots in question, the plaintiff should be required to show that the assessment was inequitable. The court should not interfere for a mere irregularity, without any pretense of injustice. Mills vs. Gleason, 11 Wis., 497.
1Opinion of the Court
By the Court,
PAINE, J.
This action was brought to restrain the sale of certain lots of the plaintiff for special assessments for the improvement of streets, and to cancel the assessments. As to a part of the lots the court granted the relief sought, but refused it as to the rest, from which refusal the plaintiff appeals.
The practice of restraining the sale of lands for illegal taxes or assessments has been long established in this state. Whether it was wisely established or not, it is now too late for the court to inquire. If unwisely, it is for the legislature to correct it.
It is true, this…
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