State Ex Rel. West Virginia Truck Stops, Inc. v. McHugh

Caplan, Chief Justice:

In this proceeding in prohibition the relator, West Virginia Truck Stops, Inc., invokes the original jurisdiction of this Court, seeking to prohibit the respondents, Thomas McHugh, Judge of the Circuit Court of Kanawha County and others, from proceeding with the prosecution of an action instituted in that court by respondent Paul E. Grimm, d/b/a Grimm Construction Company, against the relator. When the trial court overruled Truck Stops’ motion to discontinue the trial before a commissioner and to afford it a jury trial, Truck Stops instituted this proceeding in…