# State Ex Rel. Lemperle v. McIntosh

> Ohio Supreme Court · April 11, 1945 · 145 Ohio St. 107

URL: https://www.frixlaw.com/law-library/cases/3781371

## Case

- **Full name:** The State, Ex Rel. Lemperle, Appellant, v. McIntosh Et Al., Trustees of Police Relief and Pension Fund of City of Cincinnati, Et Al., Appellees
- **Court:** Ohio Supreme Court
- **Decided:** April 11, 1945
- **Citations:** 145 Ohio St. 107; 145 Ohio St. (N.S.) 107; 30 Ohio Op. 311; 60 N.E.2d 786; 1945 Ohio LEXIS 397
- **Precedential status:** Published
- **Opinion:** Dissent by Matthias
- **Judges:** Williams, Weygandt, Zimmerman, Turner, Hart, Belt, Matthias, Bell
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3781371

## Opinion text

*115
Matthias, J.,
dissenting. I dissent from the conclusion of the majority, for the reason that the action of the trustees thus approved, which now affects but twelve pensioners, is based upon an unsound principle declared in the discriminatory rule adopted by the trustees which results in the arbitrary removal from the pension rolls of one admittedly found entitled to pension benefits but declared ineligible only by reason of earned or earnable income, while those enjoying income of whatever amount from other sources are retained thereon.
Bell, J., concurs in the foregoing dissenting opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3781371. Public record. Not legal advice.