State Ex Rel. McIlvain v. City of Falls City

This is an action in mandamus brought by Harrison Mcllvain, the relator, to compel the city of Falls City, the respondent, to place the former on the pension rolls of the city as a retired fireman. The trial court found for the relator and the city has appealed.

Relator was first employed by the city as a paid member thereof on October 1, 1928. The city is one of the first class. On May 6, 1959, relator became ill and was unable to report for work. The city paid sick leave and vacation pay thereafter to June 9, 1959, at his regular rate of pay of $235 per month. Relator filed his action for a.…