State Ex Rel. Stollings v. Gainer

170 S.E.2d 817 (1969)

STATE ex rel. Marilyn STOLLINGS

v.

Denzil GAINER, Auditor of the State of West Virginia.

No. 12862.

Supreme Court of Appeals of West Virginia.

Submitted September 23, 1969.

Decided October 28, 1969.

Dissenting Opinion November 20, 1969.

W. Bernard Smith, Logan, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Dennis R. Vaughn, Jr., Asst. Atty. Gen., Charleston, for respondent.

BERRY, Judge.

This original mandamus proceeding was instituted in this Court by Marilyn Stollings against Denzil L. Gainer, Auditor for the State of West Virginia, in order to obtain a writ of mandamus…