Gardner v. Bailey

Fox, Judge:

• On December 2, 1943, Minnie J. Gardner presented her petition in mandamus, to the Circuit Court of Ka-nawha County, seeking to obtain a peremptory writ of mandamus, requiring Ernest L. Bailey, as Road Commissioner of the State of West Virginia, to institute a legal and proper condemnation proceeding for the purpose of ascertaining the damages to petitioner’s real estate described in her petition, resulting from the relocation of State Route No. 60, on the north side of Kanawha River, near and below the mouth of Camp-bells Creek in said county.'

Paragraph I of relator’s petition…