State Ex Rel. Simmons v. Wieber

By the Court.

This case differs from the Newness case, ante, 115. In that case the trustees sought a declaratory judgment before taking action. In the instant case the trustees acted and placed the relator’s name upon the pension roll. After granting him a pension the trustees sought to rescind their action but such rescinding action was not taken until it was too late for the pensioned policeman to he restored to his former position.

Section 486-16, General Code, provides, in part:

“Any person holding an office or position under the classified service who has been separated from the service…