New York Supreme Court, 1891

In re Shay

New York Supreme Court · Decided July 2, 1891 · Pratt

15 N.Y.S. 488; 1891 N.Y. Misc. LEXIS 3296 (New York Supplement)

Counsel

Sidney Williams, for appellant. Bergen & Dykman, (James C. Bergen, of counsel,) for respondent.

Opinion of the Court

Pratt, J.

The applicant makes affidavit that he was discharged from work August- 6, 1888; 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 liq *489notice 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.

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