State Ex Rel. Carroll v. McCarthy

By the Court.

This action in mandamus originated in the Court of Appeals of Lucas county, Ohio. The issues were made up by the amended petition, answer and reply. From the pleadings the following undisputed facts appear:

The relator, Daniel K. Carroll, was appointed a member of the fire department of the city of Toledo, Ohio, on May 15, 1909. He retired therefrom and was allowed a pension beginning September 1, 1934, at the rate of $80 per month, which he continued to draw until August 1, 1938. At that time he accepted a position as chief of the fire department for the village of Ottawa Hills,…