Legal Opinion

Worrell v. Lusk

West Virginia Supreme Court

Decided March 8, 1921Published

Appeal from Circuit Court, Wyoming County. Suit by Grover C. Worrell against Levi ■ Lusk. Decree for plaintiff, and defendant appeals.

1Opinion of the Court

POFFENBARGER, JUDGE:

The bill in this cause seeks award to the plaintiff, of a certain sum of money which, at the date of the filing thereof, was in the possession of the general receiver of a court, by virtue of an order of the court, entered in another proceeding, one of condemnation, requiring payment thereof to him and authorizing him to receive it. On a demurrer thereto; lack of jurisdiction in equity is urged. Ground of such jurisdiction is clearly manifest. If the plaintiff is em titled to the specific money he seeks, there is no remedy in a court of law by which he can obtain it. His…

2Cases cited3 opinions

  1. Frantz v. LesterWest Virginia Supreme Court · 1918
  2. Neill v. McClungWest Virginia Supreme Court · 1912
  3. Yost v. WillsWest Virginia Supreme Court · 1920

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