Penquite v. Dunn

*529The opinion of the court was delivered by

Dawson, J.:

This was a proceeding in mandamus to compel the board of trustees of the firemen’s pension fund of the city of Wichita to order the retirement of plaintiff from active service in the city’s fire department and to grant him the pension benefits of that fund because of permanent injury and consequent disability sustained by him in the line of his duty as a fireman.

The statute authorizing the creation of this fund, R. S. 13-718 et seq., is in operation in Wichita.

The defendant board refused to pension the plaintiff because on an ex parte…