
    No. 268
    No. 19233
    State ex rel. Albert Smith v. Herman Witter, etc., et al.
    In Mandamus.
    747. MANDAMUS — A court in the exercise of its discretion, may refuse writ where relator has allowed unreasonable time to elapse before bringing action; especially when delay may be prejudicial.
   JONES, J.

A court, in the exercise of its discretion, may refuse to issue a writ of mandamus, in favor of a relator who has allowed an unreasonable time to elapse before bringing his action, especially where such delay may be prejudicial to the rights of the respondent.

Writ denied.

Marshall, CJ., Matthias, Day, Allen, Kinkade and Robinson, JJ., concur.  