Case law

City of Tulsa v. Roberts

188 Okla. 249 · Supreme Court of Oklahoma · May 1, 1940

, we clearly recognized that the alleged defect inherent in the plan must be the result of the exercise of discretion on the part of the officials authorized to act legislatively or judicially for the city in such matters … Thus, throughout our opinion, we made it clear that the basis for immunity from liability was the action of the governing body in adopting the plan.

Groce v. Foster

880 P.2d 902 · Supreme Court of Oklahoma · Sep 28, 1994

The pertinent terms of § 12 are: “The immunity created by the provisions of this section shall not extend to action by an employee ... against another employer ... on the same job as the injured ... worker ... even though … The court found the termination wrongful as a violation of public policy clearly articulated in the federal statute. .

Majors v. Majors

263 P.2d 1012 · Supreme Court of Oklahoma · Apr 28, 1953

Griffin qualified as an expert on mental questions. L. O. Majors flatly denied that he ever made such an agreement. … established.”

Cumberland Operating Co. v. Ogez

769 P.2d 105 · Supreme Court of Oklahoma · Feb 9, 1988

The County Commissioners argue that a salt water disposal well is a “water system” expressly excluded by the legislature from qualifying for gross production taxes in Section 1001(h). … It is a well established rule in Oklahoma: [W]hen property is devoted to two uses, one of which, if exclusive, would excuse it from the payment of ad valorem taxes under the gross production tax law, the other of which, if

Hauser v. Catlett

197 Okla. 668 · Supreme Court of Oklahoma · Oct 8, 1946

Under a minority view, business trusts have been held to be generally invalid, at least to the extent of rendering invalid any attempted immunity from personal liability. … There was no appraisement by a competent petroleum engineer or other qualified person, of the value of the assets of Petroleum Royalties Company.

Richard v. Richard

172 Okla. 397 · Supreme Court of Oklahoma · Apr 16, 1935

But, if it be not general, then obviously it does not exist as a fact, and evidence cannot be received to show a partial, limited, or qualified repute. … A reputation cannot be general if it is not general, and no reputation of a marriage but a general reputation is competent evidence to establish marriage.

Jones v. State ex rel. Office of Juvenile Affairs

268 P.3d 72 · Supreme Court of Oklahoma · Dec 20, 2011

The new provisions of *78 SWDATA are clearly designed to simply limit the time an action may be brought, as do the old provisions of 40 0.8. Supp.1993 § 568. … for post accident drug testing; 2) defendant's drug testing policies are in accordance with 440(sic) § 554; and 3) The defendant is not lable for any tort by First Advantage Screening because 51 O.S. § 155(18) provides immunity

In Re Initiative Petition No. 364

67 O.B.A.J. 3874 · Supreme Court of Oklahoma · Dec 10, 1996

is indeed a critical attribute for qualifying a measure under the State’s constitutional initiative. … Any change in this State’s constitution, to be effected by the initiative process, must hence qualify as law.

In Re the Assessment of Personal Property Taxes Against Missouri Gas Energy

234 P.3d 938 · Supreme Court of Oklahoma · Oct 21, 2008

The record clearly shows that MGE took title to purchased gas at the wellhead and was deemed to be the owner of delivered gas at the point of ultimate consumption. … If the interruption was for the convenience or safety of the goods or for "transit reasons," the goods remained immune from taxation.

Hurley v. Anicker

51 Okla. 97 · Supreme Court of Oklahoma · Jul 20, 1915

We call special attention to the qualifying clause in the quotation given, “the other party being ready and willing to proceed and fulfill all his stipulations according to the contract.” … terms, without any fault upon the paid; of the vendor, who is willing to perform, is not entitled to come into court and recover the portions of the purchase price that he has paid under the contract; but this case just as clearly

The Institute For Responsible Alcohol Policy v. State ex rel. Alcohol Beverage Laws Enforcement Comm.

2020 OK 5 · Supreme Court of Oklahoma · Jan 22, 2020

"In assessing the conformity of a challenged state statute to our fundamental law, we are guided by well-established principles. The Constitution is the bulwark to which all statutes must yield." Liddell v. … Const. art 5 §51 provides: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. 18 The Okla.

WALTERSCHEIDT v. HLADIK

2022 OK 57 · Supreme Court of Oklahoma · Jun 14, 2022

If applicable, an individual volunteer qualified for appointment as a guardian of a veteran pursuant to the Veterans Volunteer Guardianship Act. … The Order Appointing Guardian was not clearly against the weight of the evidence or contrary to law.

Gold Kist Peanut Growers Association v. Waldman

377 P.2d 807 · Supreme Court of Oklahoma · Nov 28, 1962

An examination of the amended petition of the plaintiff and the allegations made therein and as stated above clearly and without question reveal *810 that the plaintiff by his petition predicates his action upon fraud, misrepresentation … It is a well established rule of evidence that whether a witness is sufficiently qualified to testify as an expert is a preliminary question for the determination of the court, and that the qualification of the witness to

Weber v. Dillon

7 Okla. 568 · Supreme Court of Oklahoma · Jul 30, 1898

Dillon is the duly elected, qualified, and acting county treasurer of said county, charged and required by law to collect all taxes of all kinds — -territorial, county, municipal,-and other taxes,— *570 for the year 1807, … This doctrine has been well established, not only by the decisions of this Territory, but by the courts of other states. (Bardrick v. Dillon, supra; Hudson v. Commissioners, 12 Kan. 140.)

County Assessor v. United Brotherhood of Carpenters & Joiners, Local No. 329

202 Okla. 162 · Supreme Court of Oklahoma · Nov 8, 1949

Local unions have the power to regulate and make payment of sick donations but may do so only by an established by-law. The Union has established and maintains a contingent fund for such purpose. … This connection is as clearly one for business purposes as is that of members in a partnership, or of stockholders in a corporation.

Boardman Co. v. Clark

166 Okla. 194 · Supreme Court of Oklahoma · Nov 14, 1933

The cases holding this are too numerous to cite and have not been overruled or qualified in any respect. Therefore, the finding of the Commission in this respect is erroneous. … It is clearly a denial of that motion, based upon the record and pleadings and evidence on file before the Commission and considered at that time.

U.C. Leasing, Inc. v. State Ex Rel. State Board of Public Affairs

737 P.2d 1191 · Supreme Court of Oklahoma · Jun 4, 1987

Where a person or entity enters into a valid contract with the proper State officials and a valid appropriation has been made therefor, the State has consented to be sued and has waived its governmental immunity to the extent … There were inferences of frequent breakdowns during the operation of the leased equipment, but there was no evidence that interruptions occurred due to a lack of fitness of the equipment, and the lease contract clearly places

Stovall v. Liberty Plan of America, Inc.

414 P.2d 242 · Supreme Court of Oklahoma · May 3, 1966

Council $50.00 for each name of a qualified (home-owning) prospective purchaser for a central cleaning system that she furnished Midwestern, if the prospect later purchased one of said systems. … It was established by Cooper’s testimony, and other evidence, both oral and documentary, that when defendants’ note and mortgage were delivered by Midwestern to plaintiff, the space provided on the mortgage form, for the

Spann v. State Ex Rel. McClain County Free Fair Ass'n

152 Okla. 60 · Supreme Court of Oklahoma · Sep 15, 1931

Clearly the Legislature recognized the right of the comm'is-'sioners. The mandamus did not. … Clearly the Legislature recognizes that the taxes should be levied by sworn officials anjd granted permission to the excise board so to do In a proper case.

Epley v. Moore

11 Okla. 335 · Supreme Court of Oklahoma · Sep 5, 1901

made known thereon; he shall commission all officers who shall be appointed to office under the laws ■of said territory, and shall take care that the laws be faithfully executed.” ' These sections, in our judgment fail to establish … Here, by express language, the legislature recognizes that probate judges are*to be elected and from this section *344 we clearly see the legislative intent regarding the different laws passed prior to the enactment of the