State ex rel. Mulrine v. Dorsey

OPINION

CHRISTIE, Judge.

In this action plaintiff seeks a writ of mandamus directing defendants as the Directors of the Department of Public Safety of the City of Wilmington (as such department was constituted in 1961) to grant a retirement pension to plaintiff.

After the suit was filed plaintiff plead guilty to the crime of manslaughter and was sentenced to serve five years in prison.

The suit was not pursued while he was in prison nor was it dismissed for lack of prosecution. When plaintiff was released he did not reactivate the case and through administrative oversight the case was not…