Case law

New Amsterdam Casualty Co. v. Scott

106 Okla. 268 · Supreme Court of Oklahoma · Mar 3, 1925

Scott, in his petition alleges that he is the qualified and acting guardian of the estate of Levi Scott Clark, a minor, that Mary A. … We think the defense otherwise interposed is *272 sufficient to establish the fact that there is no issue raised.

In Re 1973 John Deere 4030 Tractor

62 O.B.A.J. 2437 · Supreme Court of Oklahoma · Jul 30, 1991

The evidence establishes the following undisputed facts. Victor C. … He is said to have a “qualified possessory right” in the property. (Snethen, 664 P.2d at 381.)

State Freeling, Atty. Gen. v. Kight, County Judge

49 Okla. 202 · Supreme Court of Oklahoma · Oct 12, 1915

Tom Kight, as the duly elected, qualified and acting county judge of Rogers county, Okla., commanding him, as such county judge, to observe and obey certain rules of procedure in probate matters (other than rule 10, which … shall be coextensive with the state, and shall extend to all civil cases at law and in equity, and to all criminal cases until a Criminal Court of Appeals with exclusive appellate jurisdiction in criminal cases shall be established

Ryan v. Humphries

50 Okla. 343 · Supreme Court of Oklahoma · Jul 27, 1915

We are of opinion that the evidence clearly shows that the contract was made by Abbott and Gamble, as director and clerk of the district, in the absence and without the consent or knowledge of the respondent. … “ ‘Ratification, as it relates to the law of agency, is the express or implied adoption of the acts of another by one for whom the other assumes to be acting, but without authority, and such ratification as effectually establishes

Taylor v. ST. & EDUC. EMPLOYEES GROUP INS. PROGRAM

897 P.2d 275 · Supreme Court of Oklahoma · May 23, 1995

V. § 62 clearly means payment of retirement benefits to education employees. … Clearly, those Plaintiffs whose retirement benefits are vested have contract rights under OTRS. Baker, 718 P.2d at 353 .

Gilmore v. Enogex, Inc.

878 P.2d 360 · Supreme Court of Oklahoma · Jul 29, 1994

Enogex alone established and implemented the drug-testing program. … The at-will immunity is now modified only to the extent that protection is afforded by the breach-of-public-policy doctrine.

BIRD v. PRUETT'S FOOD

2023 OK 92 · Supreme Court of Oklahoma · Sep 26, 2023

We hold that Plaintiff failed to establish that Defendant owed him a duty of care. MATTER PREVIOUSLY RETAINED FOR DISPOSITION; JUDGMENT OF THE TRIAL COURT AFFIRMED. … Pruett's answered the Petition and filed a Motion for Summary Judgment contending Bird cannot establish the elements of his negligence claim.

Armstrong v. Phillips

76 Okla. 192 · Supreme Court of Oklahoma · Dec 3, 1918

As there can be no question that the evidence introduced by the plaintiff clearly tends to establish her contention that the deed made by her to her grandfather was intended as security for the payment of a loan of money, … L. 1910, which provides: “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be de-feasible or as security for the payment of money, shall be deemed

In Re Holmes'estate

270 P.2d 320 · Supreme Court of Oklahoma · May 4, 1954

The rule is well established that where a will has been admitted to probate the burden of proof rests upon contestants to establish lack of testamentary capacity. … "It is not sufficient, to defeat a will, merely to establish that the testator was victim of some delusion.

Flick v. Crouch

434 P.2d 256 · Supreme Court of Oklahoma · May 29, 1967

to that immunity from common-law liability in tort for negligence which extends by the terms of 85 O.S.1961, § 44(b) to “the employer and his employees”. … As a general rule the line of demarcation between an independent contractor and a servant is not clearly drawn. The question of such relationship must be determined from the facts peculiar to each case.

Continental Oil Co. v. H. E. Rapp

301 P.2d 198 · Supreme Court of Oklahoma · May 22, 1956

Continental answered and filed a cross-petition alleging that there had been established the “Ceres Bartlesville Sand Unit” affecting certain oil and gas leases in Noble County and that Continental was appointed and is still … acting as the Unit Operator; that the Rapps owned two producing oil and gas leases located within the Unit Area and became a member of the Unit and a qualified subscriber to the Plan of Unitization which provided in part

Joint School Dist. No. 132 v. Dabney

127 Okla. 234 · Supreme Court of Oklahoma · Oct 25, 1927

.; nor shall any tax be levied, etc., unless by a vote of the majority of the qualified voters therein.’ And the principle of uniformity is established and required by section 9 of this article.” … Plaintiffs also contend that section 3 of said act is not clearly set out in the title of the same.

Burke v. Thomas

313 P.2d 1082 · Supreme Court of Oklahoma · Jun 25, 1957

A qualified pilot with a specially equipped plane, and who held a state issued permit for such operations, was engaged to carry out this work. … Clearly this portion of the verdict cannot be permitted to stand.

Barnett v. Barnett

917 P.2d 473 · Supreme Court of Oklahoma · May 13, 1996

The issues pressed on certiorari are: [1] Is the trial court’s disposition contrary to established principles of equity jurisprudence insofar as it refuses to recognize a marital debt for a 1992 Dodge Caravan? … Nonetheless, they may be granted to that litigant who qualifies for the added benefit by the statute-mandated process of judicial balancing of the equities. 16 Apart from this principle, a counsel-fee award is an appellee

Meriwether v. Gulf Oil Corporation

298 P.2d 758 · Supreme Court of Oklahoma · Jun 12, 1956

“A command to purchase or to acquire land constitutes a mandate to *761 take full and complete title unless -the command contain qualifying provisions to indicate otherwise. … Clearly, nothing short of a fee estate would be commensurate with the stated purpose in the instant case.”

Maharry v. Eatman

29 Okla. 46 · Supreme Court of Oklahoma · May 23, 1911

It does not *53 clearly appear just how a practice so different as that in Arkansas and that in the Indian Territory, under the same statutes, became established. … It is, in our judgment, clearly apparent that the purposes of the act of May 27, 1908, were to establish a uniform and complete system applicable to all of the tribes; to substitute the provisions of the act of May 27, 1908

MEEKS v. GUARANTEE INSURANCE COMPANY

392 P.3d 278 · Supreme Court of Oklahoma · Feb 28, 2017

"To implement this bargain, the Legislature established the workers' compensation system as the exclusive remedy for employees who suffer accidental on the job injuries. … To hold that a workers' compensation insurer's immunity from tort liability is not coterminous with that of an insured employer's own immunity would indeed abrogate the latter's protection by removing the bargain's very pedestal

Feagin v. Fife

198 Okla. 57 · Supreme Court of Oklahoma · Nov 26, 1946

Jury called and sworn to answer questions, and qualified as jurors for the term of Court. 47 — Lena Nelson et al. v. John T. Milliken et al. Dismissed For Want of Prosecution.” … The sole question is whether the evidence establishes that such judgment was in fact rendered.

Board of Law Library Trustees v. State Ex Rel. Petuske

62 O.B.A.J. 3658 · Supreme Court of Oklahoma · Nov 26, 1991

Const., 26 then a district court suit to test the act’s validity clearly was improper. … judge and the clerk of the court of the county where the fund is established. * * *” (Emphasis added.) 11 .

Aetna Insurance v. O. E. Woods Lumber Co.

182 Okla. 65 · Supreme Court of Oklahoma · Feb 8, 1938

In such cases the clause established an independent contract between the insurance company and the mortgagee and the default of the mortgagor did not prejudice the rights of the mortgagee in participating therein. … But it is noted that the court immediately qualifies that phrase by stating: “which is merely collateral to the principal undertaking to pay the mortgagor; and that the mortgagee is merely an appointee of the fund, with rights