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STATE v. SIMS

No. 10254.

58 S.E.2d 766 (1950)

STATE ex rel. DYER et al. v. SIMS.

Supreme Court of Appeals of West Virginia.

Decided April 4, 1950.

Dissenting Opinion April 12, 1950.

Attorney(s) appearing for the Case

John W. Daniel, Huntington, Leonard A. Weakley, Cincinnati, Ohio, William C. Marland, Atty. Gen., Thomas J. Gillooly, Ass't. Atty. Gen., for petitioners.

Charles C. Wise, Charleston, for respondent.

FOX, Judge.

The Legislature of this State, at its 1949 Session, c. 9, made an appropriation of $12,250 as a contribution to the Ohio River Valley Water Sanitation Commission for each of the two fiscal years, beginning July 1, 1949 and July 1, 1950. A requisition to make such appropriation effective for the current fiscal year was made upon Edgar B. Sims, Auditor of the State of West Virginia, and refused by him. This proceeding...

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