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Union Bank v. Ferris

Supreme Court of Oklahoma
Nov 21, 1978
1978 OK 149 (Okla. 1978)

Summary

noting that in Oklahoma "jurisdiction over nonresident defendants cannot be inferred, but must affirmatively appear from the record"

Summary of this case from McClelland v. Watling Ladder Co.

Opinion

No. 52828.

November 21, 1978.

Original Proceeding on Application to Assume Original Jurisdiction and Petition for Writ of Prohibition.

In this case, we were asked to assume original jurisdiction and issue a Writ of Prohibition, prohibiting the Respondent Judge from exercising personal jurisdiction over the Petitioner, Union Bank of San Francisco.

Holding that jurisdiction over a nonresident defendant cannot be inferred, but must affirmatively appear from the record, and that the burden of proof is upon the party asserting that jurisdiction exists, we assume original jurisdiction and issue a Writ of Prohibition, as there is no evidence in the record to support the claim of jurisdiction.

ORIGINAL JURISDICTION ASSUMED. AND WRIT OF PROHIBITION ISSUED.

McClelland, Collins, Sheehan, Bailey Bailey by James E. Britton, Oklahoma City, for petitioner.

Myers, Mollison Weber by Larry M. Weber, Altus, for respondent.


In this case, Union Bank, a California corporation, petitions this Court and asks us to assume original jurisdiction and issue a Writ of Prohibition, prohibiting the Respondent Trial Judge from exercising personal jurisdiction over said Bank. The material facts giving rise to the jurisdictional controversy are as follows:

The Plaintiff below, Mr. Carlos Brewer, delivered a draft to the First State Bank of Eldorado, Oklahoma, for the purpose of said Bank's forwarding the draft to the payee Bank, Union Bank of San Francisco, Petitioner in this original proceeding. The draft was never honored or returned, and ultimately Mr. Brewer sued both the First State Bank of Eldorado and Union Bank for mishandling of that draft. Upon receipt of service, the Union Bank made a special appearance and filed a Motion to Quash. In support of that Motion, the Bank filed an affidavit sworn to and subscribed by Union Bank's vice president and counsel, attesting to the fact that Union Bank does not transact any business in the State of Oklahoma, does not have any interest in or possession of real property in the State, that the Bank is not licensed to do business within the State, nor does it solicit, engage in, or do business within the State, and that the Bank does not derive any revenue from services rendered within this jurisdiction.

This affidavit was the only evidence before the Trial Court.

Despite the fact that more than two years passed between the filing of Union Bank's Motion to Quash and the Court's ruling on that Motion, the Plaintiff below never filed any counter affidavits, nor did he conduct any discovery in order to develop facts to support his claim of jurisdiction.

In Oklahoma, jurisdiction over nonresident defendants cannot be inferred, but must affirmatively appear from the record. When a jurisdictional question arises, the burden of proof is upon the party asserting that jurisdiction exists. In the case before us, there simply was no evidence before the Trial Court to support the claim of jurisdiction under any statute authorizing jurisdiction over nonresident defendants. This being the case, the Trial Court erred in exercising personal jurisdiction over the Respondent Bank, and the Bank is entitled to relief. Accordingly, we assume original jurisdiction and issue a Writ of Prohibition, prohibiting the Trial Court from further exercising jurisdiction over the Respondent Bank.

Roberts v. Jack Richards Aircraft Co., Okla., 536 P.2d 353 (1975); and Crescent Corp. v. Martin, Okla., 443 P.2d 111 (1968).

Roberts v. Jack Richards Aircraft Co., Okla., 536 P.2d 353 (1975).

ORIGINAL JURISDICTION ASSUMED AND WRIT OF PROHIBITION ISSUED.

HODGES, C.J., LAVENDER, V.C.J., and WILLIAMS, IRWIN, DOOLIN and HARGRAVE, JJ., concur.


Summaries of

Union Bank v. Ferris

Supreme Court of Oklahoma
Nov 21, 1978
1978 OK 149 (Okla. 1978)

noting that in Oklahoma "jurisdiction over nonresident defendants cannot be inferred, but must affirmatively appear from the record"

Summary of this case from McClelland v. Watling Ladder Co.

emphasizing personal jurisdiction over nonresident defendants "must affirmatively appear from the record"

Summary of this case from Visteon Corporation v. Yazel
Case details for

Union Bank v. Ferris

Case Details

Full title:UNION BANK, A CALIFORNIA CORPORATION, PETITIONER, v. THE HONORABLE WELDON…

Court:Supreme Court of Oklahoma

Date published: Nov 21, 1978

Citations

1978 OK 149 (Okla. 1978)
1978 OK 149

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