State v. Trustees Firemen's Pension Fund

Hamilton Circuit Court

State v. Trustees Firemen's Pension Fund

9 Ohio Cir. Dec. 854

DecidedJuly 1, 1896

StatusPublished

This text of 9 Ohio Cir. Dec. 854 (State v. Trustees Firemen's Pension Fund) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Trustees Firemen's Pension Fund, 9 Ohio Cir. Dec. 854 (Ohio Super. Ct. 1896).

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Opinion

Swing, J.

This case was heard on the application of relator for a writ of mandamus to compel defendant to place him on the pension list on account of injuries received while serving as a substitute for another fireman temporarily absent from his post of duty.

The court held that plaintiff was not entitled to the writ, and further that the law of 1889, 86 O. L., .149, should be construed with reference to the rules of the board of fire commissioners, and that so read, it applies only to substitutes regularly appointed under such rules, and that one appointed’for temporary duty is not a regularly appointed substitute member of said department, and therefore not entitled to its benefits.

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Swing, J.

This case was heard on the application of relator for a writ of mandamus to compel defendant to place him on the pension list on account of injuries received while serving as a substitute for another fireman temporarily absent from his post of duty.

The court held that plaintiff was not entitled to the writ, and further that the law of 1889, 86 O. L., .149, should be construed with reference to the rules of the board of fire commissioners, and that so read, it applies only to substitutes regularly appointed under such rules, and that one appointed’for temporary duty is not a regularly appointed substitute member of said department, and therefore not entitled to its benefits.

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Bluebook (online)

9 Ohio Cir. Dec. 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-trustees-firemens-pension-fund-ohcircthamilton-1896.