THOMAS v. POLICE COMMISSIONER

[No. 39, October Term, 1956.]

211 Md. 357 (1956)

127 A.2d 625

THOMAS, ADMINISTRATRIX v. POLICE COMMISSIONER OF BALTIMORE CITY

Court of Appeals of Maryland.

Decided December 7, 1956.


Attorney(s) appearing for the Case

Charlotte W. Main and Hugh J. Monaghan, II, for the appellant.

Alexander Harvey, II, Assistant Attorney General, with whom was C. Ferdinand Sybert, Attorney General, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.


HAMMOND, J., delivered the opinion of the Court.

This appeal is from an order sustaining a demurrer by the Police Commissioner of Baltimore, without leave to amend, in an action for mandamus by the widow of a policeman, as his administratrix, to compel the refund of contributions the husband had made to the police pension fund. The case turns on whether the policeman died before or after the right to receive the refund, newly created by legislative act, had...

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