State, Ex Rel. Downing v. Johnson

These cases are two separate proceedings in mandamus, instituted in this court, but in each of which is involved an identical question dispositive of the issues involved in each case. The cases have been argued together and will be so considered and decided.

The first case involves the right of a retired officer in the police department of the city of Wilmington to continue to receive a pension as originally awarded him by the Trustees of the Police Relief Fund, and later reduced by such trustees, and to recover through the writ of mandamus payment of pension moneys of which he has been…