McCarty v. Board of Trustees

If this were a matter of first impression it certainly would seem the fair thing to do to let this officer receive a pension, to the extent that we can glean the circumstances of this case from the record. The problem, however, is that we are an appellate court bound by certain strictures, imposed by statute or decision, which regulate our proper function on appeal. We are not a “knight-errant, roaming at will” with the power to right every wrong, real or imagined. See Benjamin N. Cardozo, The Nature of the Judicial Process 141 (1921).

In the case at bar the board' declined to award disability…