Hines v. United States ex rel. Livingston

MARTIN, Chief Justice.

Appeal from a judgment in mandamus commanding appellant, as Director of the United States Veterans’ Bureau, to place relator upon the retired list created by the Emergency Officers’ Retirement Act of May 24, 1928 (45 Stat. 735 [38 USCA §§ 581, 582]), with retired pay as provided by that act.

The issue below was made by relator’s-petition, respondent’s return to the rule to-show cause, and relator’s demurrer to the return. The court sustained the 'demurrer,, and the respondent elected to stand upon his-return, whereupon judgment was entered against him, and this appeal was…