Timmons, Administrator v. McGaughey

The opinion of the court was delivered by

Fatzer, J.:

The plaintiff, Lawrence C. Goetz, commenced this action in mandamus to compel the defendant members of the Board of Trustees of the Firemen’s Pension Fund of the city of Wichita, to award him a pension pursuant to G. S. 1949, 13-14a09. The district court found that, “the plaintiff has not sustained the burden of proof in this case by a preponderance of the evidence; therefore, will render judgment for the defendants and the writ of mandamus will be denied,” and the plaintiff has appealed.

During the pendency of this appeal Lawrence C. Goetz…