State Ex Rel. Cox v. Sims

77 S.E.2d 151 (1953)

STATE ex rel. COX

v.

SIMS, Auditor.

No. 10588.

Supreme Court of Appeals of West Virginia.

Submitted May 26, 1953.

Decided June 16, 1953.

Dissenting Opinion June 26, 1953.

Chas. E. Mahan, Fayetteville, W. Holt Wooddell and Keith Cunningham, Elkins, for petitioner.

John G. Fox, Atty. Gen., and Arden J. Curry, Asst. Atty. Gen., for defendant.

HAYMOND, President.

This is an original proceeding in mandamus in which the petitioner, J. A. Cox, seeks a writ from this Court to compel the defendant, the Honorable Edgar B. Sims, Auditor of the State of West Virginia, to issue a warrant in due…