Opinion
Gen. No. 42,340. (Abstract of Decision.)
Opinion filed March 2, 1943
MUNICIPAL CORPORATIONS, § 395 when order in mandamus, relating to fireman's pension, is proper. In mandamus suit to have plaintiff's name enrolled as beneficiary of firemen's pension fund, where statute provided that retiring fireman who had served more than 20 years was entitled to pension when $25,000 had been accumulated in pension fund, but at time of filing of plaintiff's petition, required sum had not been accumulated, court order, directing defendants to enroll plaintiff's name as beneficiary of fund, pension not to commence until fund reached $25,000 but that on accumulation of surplus plaintiff should be entitled to pension as of filing of petition out of surplus, was proper (Cahill's Ill. Rev. Stat., ch. 24, pars. 928 et seq.).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.
Judgment affirmed. Heard in second division, first district, this court at October term, 1942.
Louis Ancel, for appellants;
Norman A. Beck and Frank P. Mies, for appellee.
"Not to be published in full." Opinion filed March 2, 1943.