In re Hardy

The applicant, who. is a veteran of the late war, claims that he has been ejected from the position of janitor of the city building, in the city of Albany, by John Boyd Thacher, mayor of the city, and Charles M. Healey, in violation of the act for the protection of veterans, and seeks, by this motion, a writ of mandamus, commanding them to restore him to such position, its duties and its emoluments.

■ The defendant Healey is and since the 20th day of May last has been discharging the duties and receiving the salary, of the. position and claims that he has been lawfully appointed thereto by the…