Case law

Ex Parte Parker

195 Okla. 224 · Supreme Court of Oklahoma · Feb 20, 1945

The record further discloses that the only character of remunerative employment for which she is qualified is domestic service. … It is true that she has since married, but her husband is in the armed service of the United States and it is extremely unlikely that they will establish a permanent place of abode during the duration of the present war.

J. R. Rice Co. v. Hardeman-King Co.

130 Okla. 48 · Supreme Court of Oklahoma · Feb 14, 1928

The defendant in its answer had asserted payment *50 of tlie merchandise account which it was then undertaking to establish by its evidence. … The court first reasoned that both parties specified the bank, and then qualified this with the statement that “under the terms of the contract it says the buyer specifies the bank.”

Walker v. Oak Cliff Volunteer Fire Protection District

807 P.2d 762 · Supreme Court of Oklahoma · Mar 27, 1990

FACTS On December 14, 1982, a special election was held to establish a fire protection district. … All persons resident of such proposed district, who are qualified electors in their respective precincts, shall be qualified to vote on such proposition." . Title 26 O.S.1981 § 8-109 provides in pertinent part: "...

Carswell v. Oklahoma State University

995 P.2d 1118 · Supreme Court of Oklahoma · Jan 4, 2000

. ¶ 18 The Tort Claims Act immunizes the state, its political subdivisions and all their employees acting within the scope of employment except to the extent waived by the Act. 12 Employees are within the scope of employment … Although these cases appear to militate against today’s result, we find them clearly distinguishable on the point sub judice when viewed in light of the record in this case.

In Re the Adoption of M.J.S.

162 P.3d 211 · Supreme Court of Oklahoma · May 22, 2007

It further impacts the Court's determination that the Petitioners were morally and ethically qualified to be considered as potential adoptive parents. … Ensure and promote the best interests of the child in adoption and to establish an order *215 ly and expeditious process for movement of adoption matters through the courts ..."

Reeds v. Walker

157 P.3d 100 · Supreme Court of Oklahoma · Jun 20, 2006

Complete preemption alters the well-established division of jurisdiction between the state and federal courts. … Unlike the plaintiff in Sereboff, NAICO in this case is clearly seeking legal relief-to impose personal liability on defendants for money damages. .

Fears v. Cattlemen's Investment Company

483 P.2d 724 · Supreme Court of Oklahoma · Mar 2, 1971

insurance, particularly for the type of policy then being marketed by Cattlemen’s Life Insurance Company (an “investment” type policy because of dividends to policyholders), because a stockholder, as an “investor,” is “pre-qualified … The trial court’s judgment is clearly against the weight of the evidence, and contrary to law and established principles of equity, and must be reversed.

Hibbard v. Craycraft

32 Okla. 160 · Supreme Court of Oklahoma · Nov 18, 1911

This case comes clearly under the above statute, and that clause of it wherein it is provided that the action may be maintained by the owner of premises against a settler or occupier thereof without color of title. … Jackson, 6 Okla. 751 , 52 Pac. 406 ), the Supreme Court of the United States said: “And we cannot find that that court has in any case withdrawn or qualified the ruling^ that an entryman, out of posses *166 sion and having

Wal-Mart Stores, Inc. v. Reinholtz

955 P.2d 223 · Supreme Court of Oklahoma · Feb 5, 1998

Once the statutory test for on-the-job nexus is met, a claim's compensability for mental injury is established, although claimant's harm is not accompanied by physical injury. ¶ 5 If indeed it was established by proof that … No female is immune from the potential risk of a rapist's attack. [25] ¶ 12 Although the court relies on the attacker's knowledge of the claimant's schedule and of her employment tasks to prove that the rape arose out of

Tulsa Professional Collection Services, Inc. v. Pope

733 P.2d 396 · Supreme Court of Oklahoma · Nov 18, 1986

The qualified personal representative of decedent's estate published notice to creditors on 17 July 1979 and 24 July 1979. 5. … thereto; or, if he fails to establish his claim, to be paid over distributed as the circumstances of the state require.

Little v. Echols

269 P.2d 984 · Supreme Court of Oklahoma · Jun 9, 1953

Wheatley as plaintiff, clearly establish that the land was the property of Mrs. … It is clear that if the grantor hands the deed to the grantee personally, without saying or doing anything to qualify the significance of such act, and effective delivery is made.

Depuy v. Hoeme

775 P.2d 1339 · Supreme Court of Oklahoma · Mar 15, 1989

; but in either case, notice of the motion or a service of a copy of the rule shall be made on the defendant, a reasonable time before the order of attachment is made.” 17 .The terms of 12 O.S.1981 § 902, supra note 16, clearly … A terminal disposition of a contempt proceeding qualifies as a "final”, ap-pealable decision. Hampton v. Hampton, Okl., 609 P.2d 772, 773 [1980]. 37 .

In Re Initiative Petition No. 358, State Question No. 658

65 O.B.A.J. 886 · Supreme Court of Oklahoma · Feb 24, 1994

The court declares today that the initiative measure under consideration — which would establish a state-run lottery — qualifies for submission to a vote of the people. … Moreover, the “prudential rule of necessity”, adhered to by all state and federal courts, commands that constitutional issues not be resolved in advance of strict necessity. 10 Pre-enactment testing of proposed legislation clearly

McLaughlin v. Yingling

90 Okla. 159 · Supreme Court of Oklahoma · Feb 13, 1923

It wa® established, he reasoned, that a limitation of ;a term to A., a living person, for life, and then to B. on A.’s death, was good. … If it may possibly happen beyond the established time limits or if there is left any room for uncertainty or doubt on the point, the limitation is void.

In Re DBW

616 P.2d 1149 · Supreme Court of Oklahoma · Aug 14, 1980

It is required by 43A O.S.Supp. 1977 § 54.1(C) that the court shall first hold a probable cause hearing on the petition to establish whether the person in custody needs treatment. … NOTES [1] This collateral consequences doctrine was clearly espoused in In re Ballay, 482 F.2d 648 (D.C.

TRUSTY v. STATE ex rel. DEPT. OF PUBLIC SAFETY

2016 OK 94 · Supreme Court of Oklahoma · Sep 20, 2016

Such rules are necessary in order to make a statutory scheme fully operative. 24 ¶16 Clearly, the Legislative and Board directive is that DPS show whomever withdrew blood for a blood alcohol test complied with the Board's … The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority; 3.

Norman v. Trison Development Corp.

832 P.2d 6 · Supreme Court of Oklahoma · May 12, 1992

that: (1) Norman failed to state a claim upon which relief can be granted, because Trison had been discharged and the receivership terminated, thus putting an end to the receiver’s liability qua receiver; (2) Trison was immune … Evidence extrinsic to the record proper is clearly necessary to establish that order’s fatal jurisdictional infirmity vis-a-vis Norman’s tort claim interest.

City of Tecumseh v. City of Shawnee

148 Okla. 128 · Supreme Court of Oklahoma · Mar 17, 1931

That section not only au tliorizes the changing of a county seat designated in the Constitution and the p’ oeedure therefor, but its context clearly disclose; (hat the designation in the Constitution of a county seat was … It is subject to change by the qualified electors in the manner therein provided.

Muskogee Electric Traction Co. v. Latty

77 Okla. 156 · Supreme Court of Oklahoma · Jan 6, 1920

support of the contention, Thompson on Negligence, sec. 2712, which is as follows; “The duty of a common carrier of passengers to provide a reasonably safe place for receiving and discharging his passengers, can have but a qualified … In the case last cited it is said: ‘It should also be remembered that the defendant’s cars were drawn by horses, and operated without regular stations or established places for passengers to get on or off the ears.

Turner v. First Nat. Bank & Trust Co. of Muskogee

262 P.2d 897 · Supreme Court of Oklahoma · Jun 23, 1953

Such a theory would destroy the freedom of election clearly intended by the statute. … We think the well established facts show that Mrs. Turner was not interested in leaving her estate to her own relatives.