Riley v. City of Newton

Pettingell, A. P. J.

Action of contract in which a police officer, re-instated in office after a long separation from the *105service, seeks to recover amounts deducted from Ms weekly-pay as Ms contributions to a retirement fund.

The plaintiff, who became a patrolman, May 1, 1916, left the department to serve in the World War, was re-instated in 1919, and left the department again in 1920 because of ill health. He did not formally resign but ceased performing his duties with the knowledge of the Chief of the department and upon the advice of physicians.

In 1935, he was re-instated in the same…