State, Ex Rel. Beronio v. Pension Commission

The opinion of the court was delivered by

Heher, J.

The appeal is from a judgment awarding a peremptory writ of mandamus commanding the appellant Pension Commission to “act favorably” upon the appellee’s application for retirement from the Hoboken police force on pension under R. S. 43 :16 — 1.

The appellee moves to dismiss the appeal upon the grounds (1) that “no appeal lies from the granting of a writ of mandamus, which is a matter of discretion;” and (2) the questions raised are moot since the appellant “has retired the relator, add is paying him his pension.”

Issues of law and fact were…