Piper v. Wood

The opinion of the court was delivered by

Wertz, J.:

This was a proceeding in mandamus to compel the Board of Trustees of the Firemen’s Pension Fund to appoint a physician to examine the plaintiff physically on his application for retirement in accordance with the provisions of G. S. 1949, ch. 13, art. 14a. Plaintiff Walter R. Piper (appellant) and defendants Board of Trustees of the Firemen’s Pension Fund (appellees) will be hereafter referred to as plaintiff and defendants.

An alternative writ was issued by the trial court. In pertinent part, the writ set forth that the plaintiff was an…