MILBURN v. KEEN

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MILBURN v. KEEN
1955 OK 238
287 P.2d 899
Case Number: 37001
Decided: 09/20/1955
Supreme Court of Oklahoma

R. KENNETH MILBURN, AN INDIVIDUAL DOING BUSINESS AS MILBURN MOTOR COMPANY, PETITIONER,

v.

W.P. KEEN, JUDGE OF DISTRICT COURT IN AND FOR THE SECOND JUDICIAL DISTRICT OF THE STATE OF OKLAHOMA, RESPONDENT.

Syllabus

¶0 1. Section

2. Section

3. Prohibition is a proper remedy to arrest an action of trial court by this Court where proper showing is made that such court is proceeding in a cause without authority.

[287 P.2d 899]

Original proceeding in the Supreme Court for writ of prohibition by R. Kenneth Milburn against W.P. Keen, District Judge of Roger Mills County. Writ granted.

Williams, Williams & Williams, by W.J. Williams, Ardmore, for petitioner.

Charles M. Wilson, of Rizley & Wilson, Sayre, for Wilma Fowler and appearing herein, amicus curiae.

HALLEY, J.

¶1 This is an original proceeding for a writ of prohibition by the petitioner against the respondent, W.P. Keen, Judge of the District Court of Roger Mills County, Oklahoma.

¶2 There was filed in the District Court of Roger Mills County by Wilma Fowler, plaintiff, against R. Kenneth Milburn, an individual doing business as Milburn Motor Company, defendant, case numbered 7983, in which the plaintiff seeks to recover damages for personal injuries sustained in a one-car accident. She was riding with her husband in his car. The car went out of control because of a mechanical failure and ran off a bridge dropping about ten feet. As a result of the accident, plaintiff received personal injuries. The accident was alleged to have been due to negligent work performed on the car by the defendant at the service [287 P.2d 900] department of his garage in Sayre, Oklahoma. It is not alleged that the defendant or his servants, agents or employees had anything to do with the actual operation of the car in Roger Mills County. The petitioner in this application seeks to prohibit the District Judge from proceeding further with the personal injury action. The petitioner at the time of the filing of the action in Roger Mills County was a resident of Carter County, Oklahoma, and was served with summons in that county.

¶3 The question here is the construction to be placed upon House Bill 606 of the 1953 Session Laws, page 49. It is now Section

¶4 The trial court is proceeding in the suit in Roger Mills County without authority because he has no jurisdiction over the defendant and for that reason prohibition is a proper remedy and the writ is granted.

¶5 JOHNSON, C.J., WILLIAMS, V.C.J., and WELCH, CORN, DAVISON, BLACKBIRD and JACKSON, JJ., concur.