STATE EX REL. HESS v. HENRY

No. 19549.

393 S.E.2d 666 (1990)

STATE of West Virginia ex rel. Glenville Roy HESS v. The Honorable Patrick G. HENRY III, Judge, Thirty-First Judicial Circuit.

Supreme Court of Appeals of West Virginia.

May 17, 1990.


Attorney(s) appearing for the Case

Robert D. Aitcheson, Charles Town, for Glenville Roy Hess.

Patrick G. Henry, III, Judge, Martinsburg, pro se.

William R. McCune, Jr., Jackson and Kelly, Martinsburg, for Alleghany Pepsi-Cola Bottling Co.


NEELY, Chief Justice:

The petitioner, Glenville Roy Hess, seeks a writ of prohibition against the respondent, the Hon. Patrick G. Henry III, forbidding the judge from enforcing a ruling in his court, the Circuit Court of Berkeley County, on a discovery motion in a civil action in which Mr. Hess is the plaintiff.

On 4 August 1986, Mr. Hess was involved in an automobile collision near Martinsburg, West Virginia, with a delivery van driven by Danny T. Householder...

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