Union Bank v. Ferris, 52828
| Decision Date | 21 November 1978 |
| Docket Number | No. 52828,52828 |
| Citation | 587 P.2d 454,1978 OK 149 |
| Parties | UNION BANK, a California Corporation, Petitioner, v. The Honorable Weldon FERRIS, Judge of the District Court, Respondent. |
| Court | Oklahoma Supreme Court |
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. 1 When a jurisdictional question arises, the burden of proof is upon the party asserting that jurisdiction exists. 2 In the case before us, there simply was no evidence before the Trial Court to support the claim of jurisdiction...
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...Corp., 2006 OK 58, ¶ 2, 152 P.3d 165, 171; Conoco, Inc. v. Agrico Chemical Co., 2004 OK 83, ¶ 20, 115 P.3d 829, 835; Union Bank v. Ferris, 1978 OK 149, 587 P.2d 454, 455; Roberts v. Jack Richards Aircraft Co., 1975 OK 72, 536 P.2d 353, 354; Crescent Corp. v. Martin, 1968 OK 95, 443 P.2d 111......
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Visteon Corp. v. Yazel
..."When a jurisdictional question arises, the burden of proof is upon the party asserting that jurisdiction exists." Union Bank v. Ferris, 1978 OK 149, 587 P.2d 454. The party asserting that jurisdiction exists here is Visteon. ¶ 12 The parties are in conflict not only as to what the evidenti......
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Matter of Assessment of Certain Personal Property v. Yazel, 2004 OK CIV APP 52 (OK 6/9/2004)
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McClelland v. Watling Ladder Co.
...do not constitute the kind of hard evidence necessary to support a prima facie showing of personal jurisdiction. See Union Bank v. Ferris, 587 P.2d 454, 455 (Okla.1978) (noting that in Oklahoma "jurisdiction over nonresident defendants cannot be inferred, but must affirmatively appear from ......