Moreland v. Helm

PALMORE, Judge.

Burton Moreland petitions this court to prohibit Hon. Blakey Helm, one of the judges of the Jefferson Circuit Court, from proceeding to hear and determine a divorce action brought against him in that court by Flora Mae Moreland, who also is made a respondent.

The remedy of prohibition does not lie against one who neither possesses nor proposes to exercise a judicial or quasi-judicial function. Brents v. Burnett, 1943, 295 Ky. 337, 174 S.W.2d 521; 73 C.J.S. Prohibition § 6, pp. 21-22; 42 Am. Jur. 156 (Prohibition, § 17). Cf. annotation, 159 A.L.R. 627, 628. The respondent Flora…