State Ex Rel. Cline v. Hatfield

Browning, Presideitt,

dissenting:

I respectfully dissent from the decision of this Court to deny the writ of mandamus as prayed for in the petition. It is my opinion that the facts in this case do not distinguish it from the recent proceedings of State of West Virginia, ex rel., Moneth W. Zickefoose, et al v. Garland West, et al., 145 W. Va. 498, 116 S. E. 2d 398; and State ex rel. Duke, et al. v. Perry Emmitt O’Brien, et al., 145 W. Va. 600, 117 S. E. 2d. 353. If further reference is made in this dissent to these cases they will be referred to as the Zickefoose or Duke case. The 5th Syllabus…