137 Wis. 147 | Wis. | 1908
But two questions arise upon this appeal, and they rather narrow ones. The very important questions as to what acts may constitute the giving or allowing sectarian instruction such as is prohibited in public schools by sec. 3, art. X, Const., and whether the acts done in the instant case .are within that inhibition, are treated in an able and exhaust
The right of a member of a corporation to invoke the interference of a court of equity to practically coerce the reluctant, corporation to enforce its legal rights against its officers and their confederates is abundantly established by our decisions. Frederick v. Douglas Co. 96 Wis. 411, 71 N. W. 798; Webster v. Douglas Co. 102 Wis. 181, 77 N. W. 885, 78 N. W. 451; Northern T. Co. v. Snyder, 113 Wis. 516, 89 N. W. 460. But, since the application must be to a court of equity, equitable considerations will guide and control in granting or withholding relief. The court will not coerce the-enforcement of a strict legal right, however clear, if thereby injustice and inequity will be done. In development of this, rule it is well settled that a court of equity may and should refuse to upset consummated and completed transactions to the hurt of those who have acted in good faith at the suit of plaintiffs who, by laches or failure to protest upon opportunity before the acts were done, have induced or justified belief that they acquiesced in and approved such acts. Helms v. McFadden, 18 Wis. 191; Cross v. Bowker, 102 Wis. 497, 78 N. W. 564; Frederick v. Douglas Co. 96 Wis. 411, 425, 71 N. W. 798; McCann v. Welch, 106 Wis. 142, 151, 81 N. W. 996. This rule was applied by the circuit court, who found as facts that plaintiffs and all other taxpayers had been.
2. We find no error in the trial court’s refusal to enjoin the district and board from maintaining a common school in the parochial school building. Incidentally it may be1 noted that there is no prayer for such specific relief, but the: court considered the question, and we will not rest upon that defect in the pleadings. Inferentially, at least, every school district is commanded to maintain a common school, for it shall be put out of .existence if it does not. Sec. 423, Stats. (1898). True, this district owns a schoolhouse, twenty-eight feet by eighteen, which is obviously wholly inadequate for a common school free to all the 200 or more scholars of the district. Non constat anything in the record or evidence it may be wholly unable to construct a more commodious one. The school district has express power to vote a tax to hire a schoolhouse. Subd. 5, sec. 430, Stats. (1898). The school board are empowered, when directed by the electors, in the alternative to purchase or lease a site for a schoolhouse and to-build, hire, or purchase a schoolhouse and to sell and convey any site for schoolhouse, the property of the district. Sec. 430, Stats. (1898). We find nothing either in the expression or policy of the statutes to prevent the school district in meeting assembled or the school board from hiring a building or part of a building in which to maintain the public school, not
We are convinced that in the respects assailed by appeal the judgment is correct.
By the Court. — Judgment affirmed.