State Ex Rel. Ward v. County Court of Raleigh County

I dissent from the conclusion reached in this proceeding. I do not think that the pleadings and proof justify the award of a peremptory writ of mandamus.

Of course, if the County Court of Raleigh County is legally indebted to the Sheriff of that county, they may be, and should be, compelled by proper procedure, to pay that indebtedness. But, I think that the extraordinary remedy of mandamus is not the proper way to enforce payment.

The syllabus holds that it is a mandatory duty upon the county court of the county to allow the actual and necessary expenses incurred or expended by a Sheriff and…