Casualty Corporation of America v. Owens

MEMORANDUM OPINION

DOOLIN, Justice:

Plaintiff was granted default judgment in cause CJ-73-1333 in the District Court of Oklahoma County for an amount in excess of $200,000.00 against one Edward Lee Smith. Service in the lower court was had under the non-resident motorists statute, 47 O.S. 1971 § 391 et seq. as amended. Plaintiff commenced garnishment proceedings against Smith’s insurance carrier, petitioner herein. Insurance carrier moved to dismiss garnishment action and when the Court overruled its motion, insurance carrier filed this action under Art. VII § 4 of the Constitution of Oklahoma,…