Board of Education v. Ward
Board of Education v. Ward
Opinion of the Court
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 Yalley Bond, 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
Errors assigned are as follows: “Petitioners insist that it was error in the circuit court of Randolph County to allow the said Scott in said suit any sum whatever other than the commissions and docket fees, as almost all the time he was engaged in said litigation he was the prosecuting attorney for the county of Randolph, and as such it was his. duty under the law to prosecute said suits; that it was error in said court to decree to said Scott one hundred and sixty-three dollars and thirty-two cents against the District of Beverly, as there was no pleadings in the causes to justiyfy the court in settling any controversy between the said Scott and said District of Beverly as to the fees, if any, he was entitled to receive, as the entire amount due to. said District of Beverly, was assigned to the said Barlow while Scott was yet prosecuting attorney; that it was error in the said court to decree against the District of Leadsville in favor of said Scott eighteen dollars and ninety cents; that it was error in said court by its decree to allow the said Scott
This order being ex parte is no'n-appealable. If the various Boards of Education deem themselves aggrieved by it, their proper remedy is by motion in the circuit court, where if erroneous, it can be corrected. Brast v. Kanawha Oil Co. et al., 46 W. Va. 613; 2 En. Plead. & Prac. 96.
The appeal is therefore dismissed as improvidently awarded.
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.