Edwards

Plaintiff is the widow of one John Clark Edwards, deceased, formerly a member of the police department of the city and county of San Francisco. She presented a petition to the board of police commissioners, who under the law constitute the board of trustees of the police relief and pension fund, praying to be allowed a pension, as the widow of a member of the said police department killed while in the performance of his duty.'

The board, without taking any evidence, denied her petition. ' She then filed a petition in the superior court for a writ of mandate to compel said board to hear her petition and to take evidence thereon. To this petition the board filed a general demurrer, which was overruled, and upon the defendants refusing to plead further, judgment went for plaintiff. From this judgment defendants in due time appealed to this court.

Respondent annexed to, and made a part of, her complaint in the superior court, a copy of her petition to the board of police commissioners.

It is the contention of appellants that the statement of facts in her said petition to the board showed that she was not entitled to any pension, and that it was therefore not the duty of said board…