Denton v. West

The opinion of the court was delivered by

Wedbll, J.:

This was a proceeding in mandamus by a fireman of the city of Hutchinson to compel the board of trustees of the firemen’s pension fund of that city and its treasurer to pay the pen*187sion benefits of that fund claimed to be due under the provisions of G. S. 1935, 13-758 to 13-767, inclusive, by reason of the fact the fireman had been retired because of permanent disability after he was more than fifty years of age. The writ was allowed, and defendants appeal.

The parties concede the judgment depends on the provisions of the above-mentioned…