Legal Opinion
McCarthy v. Couzens
Michigan Supreme Court
Decided June 6, 1921No. Calendar No. 29,519PublishedCited by 4 opinions
Certiorari to Wayne; Marschner (Adolph F.), J. Mandamus by Catherine McCarthy to compel James Couzens and others, constituting the pension committee of the fire department of the city of Detroit, to grant a pension. From an order granting the writ, defendants bring certiorari.
1Opinion of the CourtClark, J.
Michael J. McCarthy died of lobar- pneumonia on July 10, 1915. He was then, and for many years had been, a member of the fire department of the city of Detroit.
Respecting pensions, section 442 of the city charter provided:
“In case any person in the employ of the fire commission of said city of Detroit shall be killed while in the discharge of his duty or shall receive injuries which result in his death within one year thereafter, the widow first, or children, if there is no widow,, and if such person shall leave no widow nor children, then mother of such person, if dependent upon him for…
2Cases cited4 opinions
- Blickle v. Kent Probate JudgeMichigan Supreme Court · 1920
- Pinkerton v. BuechWisconsin Supreme Court · 1921
- Lynch v. Board of Trustees of Fireman's Pension & Relief FundSupreme Court of Louisiana · 1906
- United States v. ScottUnited States Circuit Court · 1885
3Cited by4 opinions
- O'Connell v. Dearborn Police & Fire Pension BoardMichigan Supreme Court · 1952
- Kerwin v. RettieMichigan Supreme Court · 1940
- Bemke v. City of DetroitMichigan Supreme Court · 1947
- Godlove v. City of TopekaSupreme Court of Kansas · 1938