Lerch v. Morgan
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. Action in mandamus, to require defendants to place plaintiff on the pension roll as a retired policeman, under the statute, and asking judgment against defendants, and for future monthly-payment of pension. Defendants denied that appellee was entitled, under the law, to share in the policemen’s pension fund, because he had not complied with the provisions-of the law.
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Appeal from Woodbury District Court. — W. G. Sears, Judge. Action in mandamus, to require defendants to place plaintiff on the pension roll as a retired policeman, under the statute, and asking judgment against defendants, and for future monthly-payment of pension. Defendants denied that appellee was entitled, under the law, to share in the policemen’s pension fund, because he had not complied with the provisions-of the law. The formality of filing a written answer was waived, and the case submitted to the court under an agreed statement of facts. The trial court decreed that appellee have…
1Opinion of the CourtPreston, J.
' probation's : pen-tionSin1oas|no£ disability. It was stipulated that defendants are the board of trustees, etc.; that the plaintiff is 82 years old; that, for 19 years prior to September 28, 1918, he was a member of the police department of Sioux City, Iowa; that plaintiff has offered to pay, and at all times has been ready, able, and willing to pay, to the treasurer of the policemen’s pension fund the fee and annual dues and assessments required of a paid policeman ; but that the treasurer of the board has and does refuse to take said fee, dues, and assessments, on the ground that…
2Cited by5 opinions
- Clark v. Board of Police Pension Fund CommissionersWashington Supreme Court · 1937
- Simmons v. Policemen's Pension Com., DealSupreme Court of New Jersey · 1933
- Riley v. City of Des MoinesSupreme Court of Iowa · 1927
- Klein v. YorkTennessee Supreme Court · 1923
- Riley v. Board of TrusteesSupreme Court of Iowa · 1928