American Industrial Leasing Company v. McElroy

Caplan, Judge:

In this original proceeding in mandamus the petitioner, American Industrial Leasing Company, a corporation, seeks a writ to compel the respondent, Ray McElroy, a constable of 'Grant District, Monongalia County, West Virginia, to offer for sale at public auction the goods and chattels of Beechurst Avenue Joint Venture levied upon by him on May 23, 1968. A rule was granted returnable January 8, 1969, at which time this case was submitted for decision upon the petition, the exhibits attached thereto and the brief of the petitioner. This matter was not argued orally nor was there…