Fugate v. Birdsall

These parties appear here in the same order as in the trial court and are hereinafter referred to as plaintiff and the city, respectively.

Plaintiff had long been employed by the city. On the termination of that service he was entitled, as provided by ordinance, to a life pension of $50.00 per month, unless precluded by section 6 of said ordinance. He made due application to the city council and his claim was rejected. Thereupon he brought this action in mandamus to enforce it. On trial to the court judgment went against him for costs. To review that judgment he prosecutes this writ.

Said…