Mustard v. City of Bluefield

I concur in the award of the writ of mandamus as set forth in the majority opinion, but I think the action of the relator and respondents in the filing of exhibits with their pleadings and the applicability of the first nine sections of Code, 8-5, should have been discussed.

Subject to qualifications not necessary to mention, mandamus is a proceeding at law. Newman v. Bailey, 124 W. Va. 705, 708, 22 S. E. 2d 280; State ex rel. Matheny v. County Court, 47 W. Va. 672, 35 S. E. 959; Fisher v. City of Charleston, 17 W. Va. 595. In the absence of statutory authority, exhibits attached to a…