Bd. Of Educ. Of Beverly Dist v. Ward

• Decision Date: 07 December 1901
• Citation: 50 W.Va. 443,40 S.E. 344
• Court: West Virginia Supreme Court
• Parties: BOARD OF EDUCATION OF BEVERLY DIST. et al. v. WARD et al.

40 S.E. 344

50 W.Va. 443

BOARD OF EDUCATION OF BEVERLY DIST. et al.

v.WARD et al.

Supreme Court of Appeals of West Virginia.

Dec. 7, 1901.

APPEALABLE ORDER.

An ex parte order making allowances to an attorney for legal services out of funds in the control of the court is nonappealable. If erroneous, the proper remedy to correct it is by motion in the lower court. (Syllabus by the Court.)

Appeal from circuit court, Randolph county; John Homer Holt, Judge.

Application by the board of education of the district of Beverly and others against Jacob G. Ward and others. Decree for defendants, and plaintiffs appeal. Dismissed.

E. D. Talbott and J..L. Wamsley, for appellants.

W. H. Cobb and C. W. Maxwell, for appellees.

DENT, J. The boards of education of the various districts of Randolph county appeal from the following decree: "And the court, now proceeding to ascertain and make an allowance to C. H. Scott, attorney for the board of education of the district of Valley Bend, the district of Huttonsville, the district of Mingo, the district of Middle Fork, the district of Leadsville, the district of New Interest, the district of Beverly, and the district of Dry Fork, in this county, for his services in prosecuting suits in their names against Jacob B. Ward, late sheriff of this county, and his sureties, and collecting the money upon the Judgment obtained by said boards of education, doth adjudge, order, and decree that the said Scott is entitled to retain, of bis collections, 15 per cent, thereof; and in the case of the board of education of the district of Beverly, as appears from said report, all the money has been paid to it; of his collections he is to be paid $163.32; and that the district of Leadsville has been paid in full, and he is entitled to be paid by it the sum of $18.90; and that for the district of Valley Bend, from the collections made by the said Scott, he is allowed to retain the sum of $58.53; and that for the district of New Interest, from the collections made by the said Scott, he is allowed to retain the sum of $102.00; that for the district of Dry Fork, from the collections made by the said Scott, he is allowed to retain the sum of $230.32; that for the district of Middle Fork, from the collections made by the said Scott, he is allowed to retain the sum of $138.09; that for the district of Huttonsville, from the collec tious made by the said Scott, he is allowed to retain the sum of $124.62; that for the district of Mingo, from the collections...