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STATE v. SMITH

No. 10171.

57 S.E.2d 532 (1950)

STATE ex rel. KOONTZ, State Tax Commissioner, v. SMITH et al.

Supreme Court of Appeals of West Virginia.

Decided February 7, 1950.

Attorney(s) appearing for the Case

Burns Stanley, Assistant Attorney General, Edwin McClelland, Charleston, for plaintiff in error.

No appearance in person or by counsel for defendant in error.

FOX, Judge.

This is an action in debt instituted by the State of West Virginia at the relation of Clarence H. Koontz, State Tax Commissioner, for the use and benefit of the County Court of Wayne County, against William Bascum Smith and The New York Casualty Company, a corporation, to recover certain moneys alleged to have been appropriated and illegally received by William Bascum Smith, as excess salary as a commissioner of the County Court of Wayne County, amounting...

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