MacKey

This action was brought to obtain a writ of mandate directed against the defendants, constituting the board of directors of the police relief and pension fund of the city of Oakland, requiring defendants to issue to plaintiffs a warrant for the sum of one thousand dollars against the police relief and pension fund of said city. A demurrer to the original complaint was sustained, and upon the filing of an amended complaint a demurrer was again interposed, and sustained by the court. Plaintiffs declined to further amend, and judgment was accordingly rendered in favor of defendants. This appeal is taken from the order of the court sustaining defendants’ demurrer to plaintiffs’ amended complaint.

The recitals in the amended complaint disclose the following facts:

This act, so far as the city of Oakland is concerned, was thereafter superseded by provisions governing the. retirement and pensioning of police officers, contained in a charter adopted by the city of Oakland, and which became the organic law of said city on July 1, 1911. The general provisions of the Police Pension Fund Act of 1889, as enacted into the city charter of Oakland, are found in sections 93, 94, 95, and 96 of…