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STATE v. SIMS

No. 10209.

58 S.E.2d 784 (1950)

STATE ex rel. COOLE v. SIMS, State Auditor.

Supreme Court of Appeals of West Virginia.

Decided January 31, 1950.

Attorney(s) appearing for the Case

Salisbury, Hackney & Lopinsky, Charleston, John G. Hackney, Charleston, Emerson W. Salisbury, Charleston, Jackson D. Altizer, Charleston, for petitioner.

William C. Marland, Atty. Gen., Eston B. Stephenson, Asst. Atty. Gen., Milton S. Koslow, Charleston, for defendant.

FOX, Judge.

This is a proceeding in mandamus seeking to compel Edgar B. Sims, as Auditor of the State of West Virginia, to honor a requisition in the sum of $5,000.00 in favor of J. W. Coole, authorized to be paid to him under Chapter 13, Acts of the Legislature, Regular Session, 1949, based upon the alleged illegal imprisonment of the said Coole in the jail of Jackson County, West Virginia and in the State Penitentiary, for an offense charged against him, and of...

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