Garrety v. Cottman

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this action against defendants, who constitute the board of trustees of the Wichita firemen’s pension fund, to compel them to take official action to place him on the retired list of firemen and to grant him a pension on account of alleged injuries received in the line of duty which permanently incapacitated him from further service in his vocation.

To the alternative writ of mandamus issued at the instance of plaintiff, defendants filed a motion to quash on two grounds:

“First: For the reason that said alternative writ, on…