State ex rel. Rishling v. Allen

From a denial of the writ in a mandamus proceeding, relator has appealed.

The facts are not in dispute. Relator has served as a patrolman on the police force of the city of Omaha for upwards of 25 years and attained the age of 63 years. He made application to the city council of Omaha for retirement from the police force on a pension of $90 a month, one-half of the salary he was then receiving. A resolution *677of the city council approved his retirement on a pension of $90 a month.

Pursuant to a statute, which is a part of the home rule charter of the city of Omaha, there exists what is termed a…