Austin National Bank v. Sheppard

Mr. Judge CRITZ

delivered the opinion of the Commission of Appeals, Section A.

This is an original mandamus proceeding instituted by Austin National Bank as relator, against George H. Sheppard, State Comptroller, and Charley Lockhart, State Treasurer, as respondents. ■ The facts are undisputed. They are as follows:

At all times, including and since March 7, 1919, Barber Asphalt Company has been a foreign corporation, duly incorporated under the laws of West Virginia, with a permit to do business in this State. On said date the company filed with the Secretary of State of this State its…