State, Ex Rel. Merrill v. Greenbaum

Relator was a member of the police department of the city of Akron continuously from July 20, 1926, to November 2, 1946, on which latter date he tendered his written resignation, which was accepted. That letter of resignation did not specify mental or physical disability as the reason for the resignation.

On November 2,1946, and again on November 4, 1946, Merrill made written application to the Trustees of the Police Belief and Pension Fund of the City of Akron for a pension.

On February 27, 1947, said trustees denied Merrill .a pension.

On April 15, 1947, Merrill filed his action in mandamus to…