Case law

Hostettler v. Carter

73 Okla. 125 · Supreme Court of Oklahoma · Jul 30, 1918

John Burns answered by general denial, and admitted that he was the duly appointed, qualified, and acting chief of police of the city of Enid, Okla. To .said answers replies were respectively filed. … Among other instructions the court gave the following instructions: “(1) The jury is instructed that the burden of proof in this cause is upon the plaintiff to establish all the material allegations of his petition; that

Barber v. Barber

198 Okla. 520 · Supreme Court of Oklahoma · May 6, 1947

Thereafter, administration proceedings were commenced in the county court of Osage county, and Myrtle Barber, surviving wife of Augustus Charles Barber, was appointed and qualified as administratrix of his estate. … We think that this language of the testator clearly indicated a recognition by him that Peton Barber was of his blood just as were the other three named in the subsequent bequests.

State Life Insurance v. Ussery

180 Okla. 337 · Supreme Court of Oklahoma · Feb 16, 1937

Raby, 174 Okla. 332 , 50 P. (2d) 716 ), nevertheless, it is essential that the right to the equitable remedy be clearly established before the action at law may properly proceed. … In our opinion the evidence is not sufficient to establish a mutual mistake even had such been pleaded.

Snethen v. OKL. UN. OF FARMERS EDUCATIONAL & CO-OP. UN.

664 P.2d 377 · Supreme Court of Oklahoma · Feb 15, 1983

. *382 The insured established a lawful and substantial economic interest — innocently acquired — and covered it by insurance. … His interest, which clearly meets the § 3605(B) criteria, is hence entitled to judicial protection.

State Ex Rel. Read v. Mid-West Mutual Benefit Co.

181 Okla. 338 · Supreme Court of Oklahoma · Nov 30, 1937

Defendant has never qualified as a foreign insurance company to conduct its business in this state. … These authorities appear contra to the Ohio and Illinois decisions, supra,' and to the rule in this state as established by the decision in Winston-Norris Co. v. King, supra.

Rierdon v. Reder

178 Okla. 606 · Supreme Court of Oklahoma · Dec 15, 1936

The amended petition, which makes the original petition a part thereof, sets forth that plaintiff is a resident of Marshall county, Okla., and defendant is a citizen and resident of Carter county, Okla., and is the duly qualified … establish the present existence of such accumulations, the writ of mandamus should be denied.”

Lackey v. State Ex Rel. Grant

29 Okla. 255 · Supreme Court of Oklahoma · Jul 11, 1911

electors of the city for a term of four years and until their successors are elected and qualified. … be struck down as in violation of the Constitution, for, if said section 3a requires any charter framed thereunder to be consistent with every law of the state, whether the same pertains to municipal matters or not, then clearly

Georgia State Savings Ass'n v. Elias

192 Okla. 227 · Supreme Court of Oklahoma · Feb 16, 1943

It was also established that plans and specifications were not submitted to the company. … The acceptance thereof as contained in the letter of the company was conditional and qualified, and therefore constituted a new offer.

Markwardt v. City of Guthrie

18 Okla. 32 · Supreme Court of Oklahoma · Feb 13, 1907

But this reasoning is clearly based upon a mistaken notion of the basis of this action. … and fully established by the evidence, would entitle the plaintiff to relief.

Southwestern Cotton Oil Co. v. Farmers Union Co-Op. Gin Co.

165 Okla. 31 · Supreme Court of Oklahoma · Jun 6, 1933

On these questions the Commission, in the application of Farmers Union Co-operative Gin Company, found: “Second: That applicant, Farmers Union Co-operative Gin Company, is a competent and qualified concern under the law to … The reason for the difference in prices does not clearly appear. It may be because of the co-operative gin at Paoli, or because of lack of storage facilities at Pauls Valley.

Arrow Trucking Co. v. Lewis

75 O.B.A.J. 862 · Supreme Court of Oklahoma · Mar 22, 2004

His exoneration today would confer like immunity on others. … The latter establishes a twenty-day period to perfect a court-review proceeding.

Scott v. Price

103 Okla. 150 · Supreme Court of Oklahoma · Oct 7, 1924

The receiver immediately qualified and took charge of the premises as authorized and directed in said order. … The rule applicable to cases of this hind is announced very clearly, we think, in Folk v. U. S., 233 Fed. 177 . where it is said in the opinion by Mr.

American Fertilizer Specialists, Inc. v. Wood

635 P.2d 592 · Supreme Court of Oklahoma · Oct 6, 1981

While we agree that the rule set forth in Olin Mathieson is a correct statement of the law, the case is clearly distinguishable from the case at bar. … Section 2-607(4) provides: “The burden is on the buyer to establish any breach with respect to the goods accepted.” 4 .

Bond v. Phelps

200 Okla. 70 · Supreme Court of Oklahoma · Mar 30, 1948

The duties provided for in the act clearly do not do so. … So far as the performance of the duties of special judges are concerned, the regular judges stand as any other qualified individuals.

Scott v. Peterson

126 P.3d 1232 · Supreme Court of Oklahoma · Nov 22, 2005

Determining substantial compliance with a statute involves a judicial examination of facts, and then once those facts are established the issue is primarily one of law. K & H Well Service, Inc. v. … Gray, 1985 OK 35 , 702 P.2d 360, 363 ("Although ordinary work product is cloaked with a qualified immunity, it may be discovered upon a showing of the inability to secure the substantial equivalent of the materials without

Caldwell v. Baxter

158 Okla. 76 · Supreme Court of Oklahoma · Sep 22, 1931

Caldwell, of lawful age, being first duly sworn, says: "That she is the duly appointed, qualified, and acting executrix of the estate of Charles W. … On the other hand, plaintiffs contend that a reading of the answer, and especially paragraph 4 of the same, and the statement of counsel for defendant at the beginning of the trial, and the other statements of counsel, clearly

VIDEO GAMING TECHNOLOGIES v. ROGERS COUNTY BD. OF TAX ROLL CORRECTIONS

2019 OK 83 · Supreme Court of Oklahoma · Dec 17, 2019

Part 10(B)(1), 11(B). ¶31 IGRA also established the NIGC and gave it power to close gaming activities; adopt regulations for, levy, and collect civil fines; establish the rate of fees; approve tribal ordinances or resolutions … of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet

Application of Baggett

531 P.2d 1011 · Supreme Court of Oklahoma · Oct 8, 1974

Number three is that at your own expense you may have an additional test made by a qualified physician or nurse. … The Oklahoma Implied Consent Law clearly requires the defendant’s consent before the chemical test for intoxication can be accomplished.

State Farm Mutual Automobile Insurance Co. v. Wendt

708 P.2d 581 · Supreme Court of Oklahoma · Oct 22, 1985

Thus depending upon the particular policy under which recovery is sought, these vehicles ostensibly qualify, (or do not qualify), as "insured motor vehicles". … The claimant qualified as an insured by virtue of his status as a resident relative of the named insured.

Wright & Edwards v. Oklahoma Employment Security Commission

68 O.B.A.J. 915 · Supreme Court of Oklahoma · Mar 11, 1997

Clearly, under the statutory language, the Commission is a party to the proceedings and is entitled to appeal. … The Vermont court later qualified this statement, in Lincoln v.