Barnes v. Wilson

¶1 Petitioners, W.T. Barnes and Alvin A. Goering, filed this original proceeding, asking this Court to enter an order assuming original jurisdiction and issuing a Writ of Prohibition to Respondent, the Honorable Charles M. Wilson, Judge of the District Court of Beckham County, Oklahoma, enjoining him from proceeding against the Petitioners in a case styled ""First American Bank of Erick, Oklahoma, v. Roland J. Simpson, W.T. Barnes and Alvin A. Goering, No. C-77-139"", and vacating the Trial Judge's order of April 21, 1978. That order overruled the Petitioners' Special Appearance, Motion to Quash, and Demurrer. ¶2 The action in the court below was instituted by First American Bank, Erick, Oklahoma (Bank), in December, 1977, for judgment against Petitioners and Roland J. Simpson, and for foreclosure of a security agreement and attorneys' fees. Petitioners were served with summons and a copy of the Petition. They then filed a Special Appearance, Motion to Quash, and Demurrer, objecting to the in personam jurisdiction of the Beckham County District Court over them, which was overruled.