{ "id": 5352797, "name": "Adolph Wilke, Defendant in Error, v. W. H. Wilson et al., Plaintiffs in Error", "name_abbreviation": "Wilke v. Wilson", "decision_date": "1913-01-14", "docket_number": "Gen. No. 17,840", "first_page": "319", "last_page": "321", "citations": [ { "type": "official", "cite": "176 Ill. App. 319" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "256 Ill. 364", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4713997 ], "opinion_index": 0, "case_paths": [ "/ill/256/0364-01" ] }, { "cite": "218 Ill. 611", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3352026 ], "opinion_index": 0, "case_paths": [ "/ill/218/0611-01" ] } ], "analysis": { "cardinality": 273, "char_count": 3999, "ocr_confidence": 0.531, "pagerank": { "raw": 6.722862155385194e-08, "percentile": 0.4081166508163217 }, "sha256": "3b8a8fb3a4c943ac0994531240860fef760d150b5dc8502a4bb834ffd17514e1", "simhash": "1:572355f3c79a8794", "word_count": 688 }, "last_updated": "2023-07-14T15:47:28.669055+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Adolph Wilke, Defendant in Error, v. W. H. Wilson et al., Plaintiffs in Error." ], "opinions": [ { "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nDefendant in error, Wilke, filed a petition for mandamus April 21, 1909, to compel the board of trustees of the firemen\u2019s pension fund of the City of Chicago forthwith to enroll his name as one of the beneficiaries thereof, and to order payment to him out of said fund of $37.50 monthly so long as he shall live. Respondents (plaintiffs in error) elected to stand by their general demurrer to said petition, and error is assigned to the order overruling said demurrer and granting the writ prayed for.\nWhile the facts set forth in the petition are somewhat different from those in similar petitions in the Calder and Benner cases ante, pp. 313, 317, held to be insufficient, yet it is defective in the same fatal particular, in that it fails to set forth any facts showing that the board of trustees of the firemen\u2019s pension fund exceeded its authority in refusing petitioner\u2019s application for a pension. What we said in those cases need not be repeated here. Said board\u2019s decision upon such application is made final by statute, and is not subject to review except by the board. Hurd\u2019s R. S. (Ed. 1911), chap. 24, par. 405; Eddy v. People, 218 Ill. 611. It clearly is not the office of a proceeding for mandamus to review decisions of quasi judicial tribunals on the merits of matters with respect to which these decisions are made final. The extent to which the power of the court can be exercised by mandamus is to compel such tribunal to act where it becomes its duty to act, but not in a particular manner. People v. Webb, 256 Ill. 364.\nThe only averment in. Wilke\u2019s petition with regard to what was before the board for its consideration is, that he had at various times made application to be placed on the pension roll, \u201cshowing that at the dime of his retirement his salary was seventy-five dollars per month, and that he was entitled to a pension of $37.50 per month.\u201d The averment that he was entitled to such pension, of course, is a conclusion. His petition contains no averments (with respect to the action of the board from which it could be determined that it exceeded its powers, or that it did not properly refuse his application, even if its action in that respect could be reviewed in a proper proceeding.\nBecause of the failure of the petition to show that the board had exceeded its powers in refusing petitioner\u2019s application, the demurrer should have been sustained. Its judgment, therefore, will be reversed and the cause remanded with directions to sustain the demurrer.\nReversed and remanded with directions.", "type": "majority", "author": "Mr. Justice Barnes" } ], "attorneys": [ "William H. Sexton, for plaintiffs in error; Joseph F. Grossman, of counsel.", "William A. Doyle, for defendant in error; Joseph J. Thompson, of counsel." ], "corrections": "", "head_matter": "Adolph Wilke, Defendant in Error, v. W. H. Wilson et al., Plaintiffs in Error.\nGen. No. 17,840.\n1. Mandamus\u2014quasi judicial tribunals. Courts will by mandamus compel quasi judicial tribunals n to act where it becomes their duty to act, but not in a particular manner, nor will they review decisions of such bodies on merits where these are made final by the Acts constituting them.\n2. Pensions\u2014board of trustees. A petition for mandamus to compel the board of trustees of a firemen\u2019s pension fund to enroll petitioner as a beneficiary, which fails to aver facts showing that the board exceeded its powers or improperly refused his application, is insufficient.\n3. Pensions\u2014firemen\u2019s pension fund. The decision of the bo'ard of trustees of a firemen\u2019s pension fund on an application is made final by statute and is not subject to review except by the board.\n4. Mandamus\u2014conclusions. The averment in a petition for a writ of mandamus that petitioner \u201cwas entitled\u201d to a certain pension is a mere conclusion.\nError to the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.\nReversed and remanded with directions.\nOpinion filed January 14, 1913.\nRehearing denied January 28, 1913.\nWilliam H. Sexton, for plaintiffs in error; Joseph F. Grossman, of counsel.\nWilliam A. Doyle, for defendant in error; Joseph J. Thompson, of counsel." }, "file_name": "0319-01", "first_page_order": 349, "last_page_order": 351 }