People v. Board of Trustees of Firemens Pension Fund

THE relators, alleging that they were on April 15, 1935, and ever since have been, and now are, surviving widows of men who died while in the service or while on the retired list of the fire department of the City and County of Denver, in the state of Colorado, prosecuted an action in mandamus in the district court against the board of trustees of the Firemens Pension Fund, and the members constituting said board, to compel payment to them of monthly pensions of forty dollars per month instead of pensions of thirty dollars per month which they had been receiving. An alternative writ issued directing the board to make such payments from and after April 15, 1935, the date the amendment hereinafter mentioned became effective, or to show cause for their failure so to do. Respondents demurred to the writ for want of sufficient facts. The demurrer was overruled, whereupon respondents answered. Demurrers to certain portions of the answer were overruled. Respondents again demurred ore tenus in open court to the alternative writ of mandamus for want of sufficient facts, which demurrer was sustained by the court. The writ was ordered dismissed and judgment entered in favor of the respondents for costs. To the sustaining of the demurrer and to the judgment dismissing the writ the relators assign error.