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STATE v. KELLY

No. 12442.

141 S.E.2d 142 (1965)

STATE of West Virginia ex rel. Hulett C. SMITH, Governor of the State of West Virginia, v. John H. KELLY, Treasurer of the State of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided March 26, 1965.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Thomas B. Yost, Asst. Atty. Gen., Charleston, for relator.

J. Patrick Bower, Leo Catsonis, Asst. Attys. Gen., Charleston, for respondent.

CALHOUN, Judge:

In this proceeding in mandamus instituted pursuant to the original jurisdiction of this Court in cases of this nature, Honorable Hulett C. Smith, Governor of the State of West Virginia, seeks to require Honorable John H. Kelly, State Treasurer, to perform certain acts required of him in his official capacity, in order to implement and to effectuate a certain amendment to the Constitution of West Virginia known as the "Better Roads Amendment" and an...

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