Stewart v. State Road Commission of West Virginia

Hatcher, President:

Relator seeks a writ of mandamus to compel the payment of a judgment for $766.00 in his favor against respondent which he obtained on account of land allegedly appropriated by respondent in 1935 for road purposes without purchase or condemnation. Respondent demurs to the petition herein mainly for the reason that respondent is an arm of the state and that the judgment is invalid because the constitution, Article VI, section 35 forbids a suit against the state. Relator would maintain this proceeding on the grounds that governmental bodies may be compelled by mandamus to…