Jud v. City of San Antonio, 11440.
| Decision Date | 23 August 1944 |
| Docket Number | No. 11440.,11440. |
| Parties | JUD v. CITY OF SAN ANTONIO et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Fifty-Seventh District, Bexar County; John F. Onion, Judge.
Action by George F. Jud against the City of San Antonio and members of the Board of Firemen, Policemen and Fire Alarm Operators Pension Fund Trustees of San Antonio for a declaratory judgment setting aside the board's order denying plaintiff a pension and requiring it to place him on the pension rolls or pay him the amount paid into the pension fund by him. From a judgment of dismissal, plaintiff appeals.
Affirmed.
Reynolds N. Cate, of San Antonio, for appellant.
T. D. Cobbs, Jr., and Hugh R. Robertson, both of San Antonio, for appellees.
This suit was instituted by George F. Jud in the District Court of Bexar County against the City of San Antonio and members of the Board of Firemen, Policemen and Fire Alarm Operators Pension Fund Trustees of San Antonio, hereinafter referred to as the Pension Board, seeking a "Declaratory Judgment" setting aside the order of said Pension Board denying Jud a pension, and requiring it to place him upon the pension rolls to be paid $80 per month and, in the alternative, to recover the sum of $600 or $700, alleged to be the amount paid into such fund by Jud.
The trial court, after hearing considerable evidence, sustained a plea to the jurisdiction of the court and dismissed the cause.
From this judgment of dismissal George F. Jud has appealed.
The case presents the one controlling question, as to whether the trial court had jurisdiction of this cause.
The Pension Board was organized and operates by virtue of the Acts of 1941, 47th Legislature, p. 134, Ch. 105, which became effective April 22, 1944, and now found in Vernon's Ann.Civ.Stats. as Article 6243f. Section 2 of this article provides that: "The Board shall have the complete authority and power to administer all of the provisions of this Act and any implied powers under this Act."
The Act does not provide for any appeal from a decision of the Pension Board to any court.
Appellant does not allege facts showing that he was entitled to a pension as a matter of law, or that the Board has acted fraudulently or arbitrarily in refusing him a pension. The facts alleged show that at most a matter was placed before the pension board that called for the exercise of its discretion and that it exercised that discretion against granting appellant a pension.
According to the allegations in appellant's petition he had served for more than twenty years as a member of the fire department of the City of San Antonio, and that during that time he had contributed more than one per cent of his salary to the pension fund. His age is not shown. Whether or not, under such circumstances, he should be granted a certificate of retirement, was purely a matter of discretion with the pension board.
Section 8 of the Act provides as follows:
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Jud v. City of San Antonio
...of Brazil, 225 Ind. 308, 73 N.E.2d 485, 488. This case has been in the appellate courts before. See Jud v. City of San Antonio, Tex.Civ.App., 182 S.W.2d 260; 143 Tex. 303, 184 S.W.2d 821, and Tex.Civ.App., 263 S.W.2d 789. In the last cited case the San Antonio Court denied Jud a pension wit......
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Jud v. City of San Antonio
...entered an order sustaining the plea and dismissing the case at plaintiff's cost. That order was affirmed by the Court of Civil Appeals, 182 S.W.2d 260. The Pension Board operates under authority of Acts of the 47th Legislature, 1941, ch. 105, Vernon's Ann.Civ.St. Art. 6243f. There is no pr......
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Jud v. City of San Antonio, 12627
...to establish his right to a pension by reason of his services as a fireman. The case was before this Court in 1944, Jud v. City of San Antonio, Tex.Civ.App., 182 S.W.2d 260. After a remand by the Supreme Court, Jud v. City of San Antonio, 143 Tex. 303, 184 S.W.2d 821, the case remained upon......