HALLOWS, J.
On this appeal the appellant argues he is entitled to a new trial in the mandamus action on the grounds of newly discovered evidence, and in any event this court should take jurisdiction under sec. 251.09, Stats., because the question of whether he was entitled to a pension has not been fully litigated. Appellant also argues that the defendants had no authority to refuse to honor the warrants; that the determination of the pension board was conclusive...
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