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STATE v. SIMS

No. 12022.

115 S.E.2d 140 (1960)

STATE ex rel. Donald C. CARMAN, State Tax Commissioner, v. Edgar B. SIMS, Auditor, State of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided June 14, 1960.

Attorney(s) appearing for the Case

W. W. Barron, Atty. Gen., Henry C. Bias, Jr., Asst. Atty. Gen., Louis R. Tabit, Sp. Asst. Atty. Gen., for relator.

W. W. Barron, Atty. Gen., Giles D. H. Snyder, Asst. Atty. Gen., for respondent.

BROWNING, President.

Relator, Donald C. Carman, State Tax Commissioner, instituted this original proceeding in mandamus seeking to compel the respondent, Edgar B. Sims, Auditor of the State of West Virginia, to honor certain claims for traveling expenses in behalf of two employees of relator, approved by relator and submitted to the respondent for payment.

The petition alleges the identities of the parties, and the statute, Code, 12-3-11, as amended, authorizing...

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