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STATE EX REL. BOARD OF ED., CTY. OF KANAWHA v. MELTON

No. 13402.

198 S.E.2d 130 (1973)

STATE of West Virginia ex rel. the BOARD OF EDUCATION OF the COUNTY OF KANAWHA, a corporation v. G. Kemp MELTON, Sheriff of Kanawha County, West Virginia, and the County Court of Kanawha County, a corporation.

Supreme Court of Appeals of West Virginia.

Decided November 13, 1973.

Attorney(s) appearing for the Case

Campbell, Love, Woodroe & Kizer, John O. Kizer, Charleston, for petitioner.

Catsonis & Linkous, Leo Catsonis, Thomas L. Linkous, Charleston, for respondents.

SPROUSE, Justice:

In this proceeding in mandamus, the Board of Education of Kanawha County seeks two types or relief. Its first requested relief is made under a 1973 statute. Having attempted to appoint its own treasurer under this provision, it seeks to require the Sheriff of Kanawha County, as the respondent, to pay over all funds held on behalf of the Board and thereafter to make monthly payments into the Board's treasury of all funds held for the Board on or before...

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