STATE EX REL. SPANGLER v. BOARD OF TRUSTEES, ETC.

No. 30,426.

244 Ind. 592 (1963)

194 N.E.2d 730

STATE EX REL. SPANGLER v. BOARD OF TRUSTEES, ETC ET AL.

Supreme Court of Indiana.

Filed December 18, 1963.


Attorney(s) appearing for the Case

John V. Hampton, Robert E. Robinson and Dick Clapp, all of Muncie, for appellant.

Marshall E. Hanley, City Attorney, and Clyde A. Retherford, Assistant City Attorney, of Muncie, for appellees.


ACHOR, J.

This is an action in which the appellant, who, as plaintiff in the trial court, sought to mandate the appellees, as defendants, to pay a pension to her as the widow of a retired member of the fire department of the city of Muncie.

The trial court sustained appellees' demurrer to appellant's complaint. Appellant elected not to proceed further. Judgment was entered accordingly and this appeal followed.

The essential facts in the case are as...

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