Case law

In Re Travis' Estate

186 Okla. 223 · Supreme Court of Oklahoma · Nov 28, 1939

It has been referred to as only a “quasi-judgment,” or “qualified judgment.” Bancroft, Probate Practice, § 852. Up to this point the heirs or other interested parties have no opportunity to contest the claim. … This court has held, and we take it to be firmly established, that where a claim is disallowed in the first instance, either by the administrator or county judge, the remedy is not by appeal, but the sole remedy is an independent

Cummings v. Board of Education

190 Okla. 533 · Supreme Court of Oklahoma · Apr 21, 1942

The rule is well established in this jurisdiction and must be given effect when invoked in a proper case. … Ed. 1123 , the distinction between these two classes of cases was clearly drawn.

Schmidt v. United States

912 P.2d 871 · Supreme Court of Oklahoma · Feb 27, 1996

We answer the second with a qualifying affirmative by noting that it applies if the certifying court finds that three preconditions to the clause’s enforcement are met: (1) the exculpatory clause’s language clearly, definitely … Express consent, which might also be called “waiver” or "release”, will usually bar recovery by the plaintiff unless there is a statute or established public policy against it. Murray, supra at 1129 .

Southern Pacific Communications Co. v. Corporation Commission

586 P.2d 327 · Supreme Court of Oklahoma · Nov 3, 1978

The FCC found the facilities were part of a dedicated interstate private line network, clearly identifiable as *333 carrying communications of only the customer. … Private line service provides the user an exclusive channel for continuous communications between two or more places without the necessity of establishing a new connection for each message.

Fireman's Fund Insurance Company v. Overton

491 P.2d 278 · Supreme Court of Oklahoma · Sep 14, 1971

Overton, as a qualified football referee, upon request from a principal of a highschool in the Oklahoma City School System (District No. 89), would referee highschool football games. … the Board of Education of District) at any time during the year in any of District’s special program(s), the compensation to be paid to Teacher for such additional services will be at the rate set forth in the salary plan established

Baldwin v. STATE EX REL. DPS

849 P.2d 400 · Supreme Court of Oklahoma · Mar 30, 1993

Despite the claims of the appellant to the contrary, the appellant has established by its own admission that the appellant does not clearly apply a certain construction *403 to determine what acts of a motorist constitute … Comparing the rule in Standish to the facts in Schroeder , the two cases are clearly consistent.

Quinn v. City of Tulsa

777 P.2d 1331 · Supreme Court of Oklahoma · Jul 18, 1989

That case, and its rule, seem to relate most clearly to the issue now before us. … Appellant’s objection and arguments in this regard are clearly controlled by the rule of City of Sallisaw, supra. IV.

ROUSE v. OKLAHOMA MERIT PROTECTION COMMISSION

2015 OK 7 · Supreme Court of Oklahoma · Feb 17, 2015

The notice did not limit water condition only to a pH level, so Rouse's assumptions were clearly misplaced. … Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission. B.

Chicago, R. I. & P. R. Co. v. Larmon

172 Okla. 461 · Supreme Court of Oklahoma · Feb 26, 1935

The foregoing is substantially all the evidence that was introduced to establish defendant’s negligence. … Lynn, 62 Okla. 17 , 161 P. 1058 , the evidence clearly established that there was an extraordinary jar or jolt of the caboose of a freight train in which plaintiff was riding, which was caused by the sudden stopping of the

Rogers v. Oklahoma Tax Commission

466 P.2d 650 · Supreme Court of Oklahoma · Jan 20, 1970

The same year, these taxpayers reinvested $529,993.93 of this sum in certain urban, commercial properties in Oklahoma City and Norman, which included structures suitable for various retail and wholesale business establishments … We have thoroughly examined all of the evidence introduced before the Commission, and, although not attempting to describe it all in this opinion, we think it clearly shows that the original, or farm, property, was purchased

Kline v. STATE, EX REL. WATER RES. BD.

759 P.2d 210 · Supreme Court of Oklahoma · Feb 25, 1988

The Board's order established the maximum annual yield of fresh ground water from the alluvium and terrace deposits of the Beaver-North Canadian River in five counties in northwestern Oklahoma. … The Board clearly met its burden of proof by substantial evidence.

Waters-Pierce Oil Co. v. Deselms

18 Okla. 107 · Supreme Court of Oklahoma · Feb 13, 1907

In so judging this case it is not necessary that the probative facts established should be such as to amount to a mathematical certainty of the existence of the fact sought to be established, or that by reason of the facts … Holter, to show the customary uses to which the people in general put coal oil, and for the purpose of qualifying him to give such testimony, he was asked: “State whether or not you have had occasion to learn or observe frequently

In Re Street's Estate

138 Okla. 115 · Supreme Court of Oklahoma · Sep 10, 1929

Street, deceased, and Allen Street and the American National Bank of Oklahoma City were appointed administrators and executors of said estate and duly qualified as such. … Street, deceased, dated December 3, 1920, duly proved and admitted to probate by the county court of Oklahoma county March 2, 1925, be and the same is hereby established as the last will and testament *Page 116 of J. G.

Scott v. Vulcan Iron Works Co.

31 Okla. 334 · Supreme Court of Oklahoma · Jul 11, 1911

Nor does the affidavit contain a prayer for judgment; but, upon the facts stated, it is clearly apparent to what judgment plaintiff would be entitled upon the establishment of such facts by competent evidence, and the omission … Objection was made to the introduction of this evidence upon the ground that the witnesses were not required to qualify themselves as to their knowledge of the usable value of the machines in the locality where this machine

Bowen v. Hamilton

393 P.2d 858 · Supreme Court of Oklahoma · May 27, 1964

After a careful consideration of the evidence in this case, we cannot say that the judgment of the trial court is clearly against the weight thereof. … We do not believe that such relationship is established. In defining a confidential relation, this Court held in Hamburg v.

Thomas v. Oklahoma Tax Commission

198 Okla. 301 · Supreme Court of Oklahoma · Jan 28, 1947

Upon the filing of the will in the county court of Tulsa county, the same was established as the last will and testament of Albert Reams Thomas, deceased, and duly admitted to probate. Thereupon Martha D. … Thomas, the executrix named in the will, was appointed executrix of the estate and duly qualified as such.

United States F. & G. Co. v. State Ex Rel. Shull

169 Okla. 59 · Supreme Court of Oklahoma · Sep 18, 1934

The evidence does not clearly indicate that the cause of the deficit was then made known to them. … upon the question under consideration and held: “ ‘The general rule of pleading is that defenses which assume or admit the original cause of action alleged, but are based upon subsequent facts or transactions which go to qualify

Roth v. Union Nat. Bank of Bartlesville

58 Okla. 604 · Supreme Court of Oklahoma · Oct 10, 1916

“Where the records of the county court disclose that letters of guardianship were issued and duly recorded, that the guardian gave bond, duly qualified, and entered upon the discharge of his duties as such, as required by … Such is their effect between the parties to the suit, and such are the immunities which the law affords to a plaintiff who has obtained an erroneous judgment or execution.

Graham v. Keuchel

64 O.B.A.J. 420 · Supreme Court of Oklahoma · Jan 26, 1993

A new trial is clearly the parents’ due. E. … The drug Rho-GAM, a hyperimmune globulin, suppresses the immune response which Rh-negative mothers may develop to the Rh positive blood cells of their child. .

Mid-Co Gasoline Co. v. Back

95 Okla. 29 · Supreme Court of Oklahoma · Jul 31, 1923

“By the Court: The rule in our state is well established as to the measure of damages. You should know just what you are going to rely on so they will know how to prepare for the defense. … Smith, 41 Okla. 498 . 139 Pac. 285 , this court in construing a purported admission in a pleading used the following language: “An admission in a pleading, to be available, must be taken with all the qualifying-clauses and