
    In the Matter of the Application of William Shay, App’lt, for a Writ of Mandamus Against The Trustees of the New York & Brooklyn Bridge, Resp’ts.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed July 2, 1891.)
    
    Mandamus-Veterans.
    On application for a writ of mandamus to compel the reinstatement of relator, the moving affidavit stated that he claimed his rights as a veteran, which were not regarded. The answering affidavits showed that he gave no notice of his rights until the commencement of legal proceedings, some months later. Feld, that an issue was thereby created which prevented the issue of a peremptory mandamus.
    
    Appeal from order of special term, denying application for a peremptory mandamus requiring the trustees to reinstate the applicant to his position as carpenter on the bridge.
    
      Sidney Williams, for app’lt; James C. Bergen, for resp’ts.
   Pratt, J.

—The applicant makes affidavit that he was discharged from work August 6, 1881; that on the 7th he claimed his rights as a veteran, which were not regarded.

The opposing affidavits are to the effect that he gave no notice of his veteran rights till the commencement of legal proceedings, many months later.

The special term correctly held that an issue was thus created, which prevented the issue of a peremptory mandamus.

Order affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.  