State Ex Rel. Blankenship v. McHugh

Sprouse, Justice:

In this prohibition proceeding, C. A. Blankenship, Clerk of the House of Delegates, seeks to prohibit Thomas E. McHugh, Judge of the Circuit Court of Kanawha County, from acting further in a mandamus case pending in the Circuit Court and designated as State ex rel. Herndon v. Blankenship, Misc. 75-382. The essential issue involved is whether a former refusal by this Court to issue a rule in mandamus deprives a circuit court of authority to consider an identical case prosecuted by and against the same parties.

On May 19, 1975, Senator Judith A. Herndon filed a mandamus petition…