De Nunzio v. City Manager of Cambridge

The judgment that a writ of mandamus issue was in error.

The petition averred that on November 28,1955, the city council of Cambridge “duly passed” an order granting an increase in the retirement allowance of the petitioner in accordance with the provisions of G. L. c. 32, § 90A, but that the city manager at all times thereafter had refused to approve the order. The answer admitted this allegation. The statute (c. 32, § 90A) provides, inter alla, that a “city . . . which accepts . . . [the statute] may ... by two thirds vote of the city council and with the approval of the mayor . . . increase…