CREIGHTON v. DISTRICT COURT OF SEMINOLE COUNTY

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CREIGHTON v. DISTRICT COURT OF SEMINOLE COUNTY
1961 OK 11
359 P.2d 581
Case Number: 39333
Decided: 01/24/1961
Supreme Court of Oklahoma

M.E. CREIGHTON AND CREIGHTON DRILLING COMPANY, A COPARTNERSHIP COMPOSED OF R.D. CREIGHTON AND M.E. CREIGHTON, PETITIONERS,
v.
DISTRICT COURT OF SEMINOLE COUNTY, STATE OF OKLAHOMA, AND HONORABLE BOB HOWELL, JUDGE OF SAID COURT, RESPONDENTS.

Syllabus by the Court

¶0 1. Employee's right of action for injuries arising out of and in course of hazardous employment and jurisdiction of courts thereover, with certain exceptions, are abrogated by Workmen's Compensation Law (85 O.S.1951 § 1 et seq.).
2. Liability of the principal employer under the terms of the Workmen's Compensation Law of this State to provide compensation for injuries to an employee of an independent contractor is exclusive, and such employee is without right to maintain action in tort against the principal employer on account of such injuries.
3. Prohibition is the proper remedy where an inferior court assumes to exercise judicial power not granted by law or is attempting to make an excessive and unauthorized application of judicial force, and the exercising of jurisdiction by such court where it has no jurisdiction for the reason plaintiff's sole remedy is before the State Industrial Court under the Oklahoma Workmen's Compensation Law, is a case within such rule, and the writ should issue.

An original proceeding in the Supreme Court by M.E. Creighton and Creighton Drilling Company, a copartnership composed of R.D. Creighton and M.E. Creighton, wherein the petitioners are asking for a writ of prohibition against the Honorable Bob Howell, Judge of the District Court of Seminole County, Oklahoma, and the District Court of Seminole County. Writ granted.

A.C. Kidd, Wewoka, Foliart, Hunt & Shepherd, Oklahoma City, for petitioners.

Bishop, Samples & Bishop, William Bishop, Seminole, for respondents.

HALLEY, Justice.

¶1 There is an action pending in the District Court of Seminole County, Oklahoma, which is No. 27,786. The plaintiff in that case is Jackie Jearl Criswell, a minor by his father and next friend, R.H. Criswell, and the defendant is R.D. Creighton and M.E. Creighton d/b/a Creighton Drilling Company, a co-partnership.

¶2 The proceeding in this Court is an original one wherein M.E. Creighton and Creighton Drilling Company, a co-partnership composed of R.D. Creighton and M.E. Creighton, are petitioners and the District Court of Seminole County and the Honorable Bob Howell, Judge of said Court are respondents. The petitioners are asking this Court to prohibit Judge Howell from proceeding further in case No. 27,786, District Court of Seminole County.