Molloy v. City of Chattanooga

On Petition to Beheae.

Tomlinson, Justice.

The policemen and firemen have filed a petition to rehear. The insistence therein renewed is that “the Court erred in not holding that the petitioners were entitled to recover all funds deducted from their salaries after the passage of the 1935 Act by the Legislature [Priv. Acts 1935, c. 467], said act creating an express trust fund for the payment of these salaries, and a trust that estoppel would not apply to and against which the statute of limitations would not run”. The same insistence is made as to the 1927 Act, Priv. Acts 1927, c. 692.

If the…