Case law

INDEPENDENT SCHOOL DISTRICT 52 v. HOFMEISTER

2020 OK 56 · Supreme Court of Oklahoma · Jun 23, 2020

Section 18-118 clearly requires the State Auditor and Inspector shall "approve" the auditor. … In order to do so it was necessary to establish a terminal date upon the effectiveness of prior appropriations.

Goins v. Black

66 Okla. 329 · Supreme Court of Oklahoma · Dec 11, 1917

It is well established in this jurisdiction that the preceding sections of the statutes provide to the owner of real estate two methods of procedure to recover damages inflicted by trespassing animals. … the peace districts there is no justice of the peace qualified and acting.

Summers v. Alexander

30 Okla. 198 · Supreme Court of Oklahoma · Nov 14, 1911

the date for subsequent payments, he had the right to suppose that the policies accorded with the applications as they had left his hands, and that they secured to him, on payment of the first annual premiums in advance, immunity … Such, clearly, was its effect. The policy was intended to put the contract in a more full and formal shape. The assured was bound to read the letters of the company in reply to his own with great care.

Davis v. Fieker

952 P.2d 505 · Supreme Court of Oklahoma · Jan 27, 1998

The abortions follow the statutory scheme established in title 63. … immunity from liability. 53 The opinion concluded that the Department could follow the opinion but was not compelled to do so. 54 VII.

Gray v. Stiles, Treasurer

6 Okla. 455 · Supreme Court of Oklahoma · Sep 2, 1897

The system established in this Territory belongs to the latter class. … expressed legislative intent be disregarded when such departure from established rules of interpretation would clearly result in the violation of private rights, and the impairment of public faith, and might seriously impair

Hammond v. Frensley

261 P.2d 603 · Supreme Court of Oklahoma · Sep 29, 1953

Proponent tacitly admits that the evidence does not establish “(b)” but contends, that the rule as a whole has no application to this case. … Talley did not qualify as a psychiatrist, but his testimony was to the effect that the testatrix was mentally unstable and incompetent at the time he saw her.

Canfield v. Canfield

167 Okla. 590 · Supreme Court of Oklahoma · Jan 30, 1934

“Prejudice or aversion of testatrix for some of natural objects of bounty does not constitute undue influence, though will is clearly fruit of resentment or dislike.” In re Carson’s Estate (Cal. App.) 239 P. 364 . … “The word ‘undue’ when used to qualify •influence,’ has the legal meaning of ‘wrongful,’ so that ‘undue influence’ means a wrongful influencb, but influence- acquired through affection is not wrongful.” Hurd v.

Large v. Acme Engineering & Manufacturing Corp.

790 P.2d 1086 · Supreme Court of Oklahoma · Apr 17, 1990

Contrary to the orthopedic surgeon's findings, the general surgeon found that the employee was not qualified for industrial work. … It is sufficient if the employer's evidence raises a genuine issue of fact concerning whether it retaliatorily discharged the employee. [22] The employer must set forth clearly, through the introduction of admissible evidence

Johnson v. Grady County

50 Okla. 188 · Supreme Court of Oklahoma · Jun 15, 1915

The universal and well-established rule is that taxes voluntarily paid cannot be recovered unless paid through mistake of fact and not of law, provided the mistake of fact was not caused by the taxpayer's own neglect of duty … The question now arises, and about which numerous inquiries have been made, is the present county assessor legally qualified from the 11th day of March, to proceed with the assessment, or does it become incumbent upon the

Martin v. Harrah Independent School District

543 P.2d 1370 · Supreme Court of Oklahoma · Nov 4, 1975

It has long been established in Oklahoma that exhaustion of statutory administrative remedies is a jurisdictional prerequisite for resort to the courts. Sanders v. … These statutes give a federal right of action for the deprivation of any right, privilege or immunity *1376 secured by the U.S. Constitution.

IN THE MATTER OF THE REINSTATEMENT OF SCOTT

2022 OK 67 · Supreme Court of Oklahoma · Jun 28, 2022

KANE, V.C.J.: ¶1 The dispositive issue is whether Petitioner qualifies for readmission. I. … Upon review, the PRT's conclusions as to Petitioner's lack of good moral character is clearly supported by the testimony and evidence from Petitioner's Reinstatement hearing. ¶27 As noted by the PRT, even after the Petitioner's

Missouri, K. & T. R. Co. v. Stanton

78 Okla. 167 · Supreme Court of Oklahoma · Apr 20, 1920

It is clearly shown that for several hundred feet along the public highway the railroad track is not visible. … Some of plaintiff’s witnesses had, on former occasions, tested the speed of the train, and we are inclined to believe they were qualified to determine approximately the rate of speed the train was going at the time.

Matter of Estate of King

837 P.2d 463 · Supreme Court of Oklahoma · Jan 11, 1991

After an appearance and denial of paternity, the court must order blood tests to determine paternity. [34] All of these provisions clearly contemplate that the alleged father is living. … The trial court order in this case is clearly contrary to law and should be reversed. Accordingly, I respectfully dissent and join in the dissent by Justice Kauger.

Hartford Fire Ins. Co. v. Smith

141 Okla. 90 · Supreme Court of Oklahoma · Nov 26, 1929

Thus proceeding, defendant first complains of the incompetency of plaintiff’s own testimony as to the value of the property involved at the time of loss, on the theory that plaintiff was not first qualified as an expert upon … except on the theory that from its investigation denial of liability had been decided upon at the time of the discovery of the automobile, and that this was not predicated upon failure t.o file proof of loss, but, as is clearly

Allen v. Ramsey

170 Okla. 430 · Supreme Court of Oklahoma · Feb 5, 1935

Blumberg might complain, but clearly, not the plaintiff, and fraud without damage does not confer a right of action.” In 5 R. C. … These authorities clearly hold that the formation of a conspiracy alone is not actionable, but that, it must be alleged and shown that damages resulted as a direct result of the conspiracy.

Neal v. Travelers Ins. Co.

188 Okla. 131 · Supreme Court of Oklahoma · Jun 18, 1940

Such a determination of fact in a proper case by a court- having jurisdiction would clearly be res judicata. … Defendant’s second proposition is stated as follows: “Is the foreclosure judgment immune to collateral attack for the reason that it does not show the degree of blood of the defendant; is the plaintiff in this case estopped

In Re Tindell

292 P.2d 1022 · Supreme Court of Oklahoma · Nov 1, 1955

Infants, § 8, it is said: “ ‘It is the trial court’s duty to ascertain all the facts and to make such investigation as in its judgment will assist in reaching a proper conclusion as to the person who is best qualified to … The above quoted language of the Greenback case clearly demonstrates the error of the holding of the majority opinion. There is yet another reason, however, why the majority opinion is in error.

In Re Creger's Estate

135 Okla. 77 · Supreme Court of Oklahoma · Jan 29, 1929

The principal reason for the importance attached to these proceedings is that these instruments are designed to vary and almost entirely supersede the established laws of descent and succession of property. … On cross-examination he qualified a considerable portion of his testimony relative to nearly every essential point. His testimony was indefinite and evasive.

Casey v. Self

62 O.B.A.J. 57 · Supreme Court of Oklahoma · Dec 26, 1990

orderly disposition of property at death” 13 and the protection of “ ‘innocent adults and those rightfully interested in their estates from fraudulent claims of heirship and harassing litigation instituted by those seeking to establish … After an appearance and denial of paternity, the court must order blood tests to determine paternity. 34 All of these provisions clearly contemplate that the alleged father is living.

State Ex Rel. Oklahoma Bar Ass'n v. Giger

37 P.3d 856 · Supreme Court of Oklahoma · Nov 19, 2001

A stipulation of fact is an agreement between the parties that establishes a particular fact or facts in controversy. … Pierce's grievance letter does not qualify. . Respondent was originally charged with actual physical control while under the influence of alcohol, but his blood alcohol test proved negative.