Case law

Spruill v. Reserve Loan Life Ins.

21 F. Supp. 889 · District Court, N.D. Oklahoma · Jan 25, 1938

Woofter and Bessie Woofter filed their answer and cross-petition to plaintiff’s petition, in which they admitted that plaintiff was the duly appointed, qualified, and acting administratrix of the estate of Amo R. … However, with respect to the motion to dismiss the defendant Fourth National Bank, it should be observed that if the facts are established as indicated by the pleadings that the policy of insurance sued on herein has been

Hutchman v. State

61 Okla. Crim. 117 · Court of Criminal Appeals of Oklahoma · Mar 12, 1937

Landrum, on or about the first day of July, 1934, was the duly elected, qualified, and acting county treasurer of Craig county, state of Oklahoma, and as such county treasurer was charged and entrusted with the collection … We think that the facts come clearly within the rule as announced in the case of Hays v. State, 22 Okla.

Fontenot v. Hunter

378 F. Supp. 3d 1075 · District Court, W.D. Oklahoma · Mar 28, 2019

The Patawomeck Tribe is a "Descendancy Based Tribe": "to qualify for Full Tribal Membership ... … To establish her standing as a matter of law, Plaintiff must show with Rule 56 evidentiary material that the undisputed material facts establish each standing element. See Pelt v.

State v. Poteet

177 P.3d 584 · Court of Civil Appeals of Oklahoma · Oct 5, 2007

. ¶ 8 The trial court recognized that both parties were qualified to adopt B.O. and had loving relationships with him. … In custody proceedings, the trial court's findings and judgment are entitled to great weight and will not be set aside unless clearly against the weight of the evidence.

Trott v. State

62 Okla. Crim. 52 · Court of Criminal Appeals of Oklahoma · Jul 2, 1937

not otherwise possess, to a jury of less than twelve men, for his trial and conviction; or to deprive himself in any way of the safeguards which the constitution has provided him, in the unanimous agreement of twelve men, qualified … Kaufman, supra, the Supreme Court of Iowa says: “That a defendant in a criminal action by silence may waive the benefit of a statutory provision wasJ clearly recognized.

Wirtz v. National Electric Co.

285 F. Supp. 30 · District Court, W.D. Oklahoma · May 20, 1968

A reading of the case does not support Plaintiff’s position. 3 The opinion does not qualify “delivery” and “property.” Thus it is safe to presume that these terms were used in their ordinary sense. … Clearly, delivery of the interstate shipment did not occur until after the employees had handled the goods.

JP ENERGY MARKETING v. COMMERCE AND INDUSTRY INSURANCE CO.

412 P.3d 121 · Court of Civil Appeals of Oklahoma · Mar 20, 2017

We will not impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered. BP Am., Inc. v. State Auto Prop. & Cas. Ins. … The scope of services was to be established in task orders from IPS.

SCOTT v. FOSTER

538 P.3d 1180 · Supreme Court of Oklahoma · Nov 14, 2023

Scott, filed a petition to establish paternity. Respondent, Mother, Candice J. … "Statutes of repose reflect the legislative conclusion that a point in time arrives beyond which a potential defendant should be immune from liability for past conduct." Id .

Jefferson v. Barnhart

209 F. Supp. 2d 1200 · District Court, N.D. Oklahoma · May 29, 2002

The Commissioner’s decision will be reversed when he/she uses the wrong legal standard or fails to clearly demonstrate reliance on the correct legal standards. Glass, 43 F.3d at 1395 . II. DISCUSSION A. … Plaintiff did, therefore, establish that she meets the first prong of Parts A and E of Listing 112.05.

Commercial Financial Services, Inc. v. Brady (In re Commercial Financial Services, Inc.)

261 B.R. 49 · District Court, N.D. Oklahoma · Nov 21, 2000

Ill The above-stated findings establish that Jenner & Block 7 clearly failed to meet its responsibilities under Fed. R.Civ.P. 11(b)(3). … And that qualifies as coming from Mr. Jones, doesn’t it, because counsel serves as his agent? A. I’m not going to debate the legalities with you, Mr. Seymour, I just am telling you we got it from counsel. Q.

American Economy Insurance Co. v. Bogdahn

75 O.B.A.J. 570 · Supreme Court of Oklahoma · Feb 10, 2004

The term "family member" is qualified or limited by the phrase "If you are an individual." … Under the UM endorsement Bogdahn's son clearly does not qualify as a "family member."

Walters v. State

455 P.2d 702 · Court of Criminal Appeals of Oklahoma · May 21, 1969

The defendant asserts in his brief, as follows: “We took the position that the court had no discretionary powers in drawing the names from the jury wheel to determine at that time whether they were qualified or not, and that … Finding that the defendant has wholly failed to establish that he was prejudiced in any way by the actions of the trial court, we are of the opinion that this assignment of error is without merit.

Tway v. Hartman

181 Okla. 608 · Supreme Court of Oklahoma · Sep 28, 1937

In making such determination the rule is said to be, “An admission in an adversary’s pleading, to be available, must be taken with all the qualifying clauses and limitations, which the pleader has included in it. … Under the evidence in the case at bar, it was clearly proper to quote these statutes verbatim. 5.

Frederick v. State

72 O.B.A.J. 3509 · Court of Criminal Appeals of Oklahoma · Nov 21, 2001

Since Appellant does not further claim or establish that Mr. … Pennal's findings had been contested and overturned by a jury. 171 Even if reputation evidence were admissible to prove bias, no foundation was laid to establish that Mr. Green was qualified to testify regarding Dr.

Sooner Federal Savings & Loan Ass'n v. Smoot

66 O.B.A.J. 1233 · Supreme Court of Oklahoma · Apr 4, 1995

478-479 (1945) (a guardian's sale of ward’s land, made for purpose of paying an invalid mortgage executed by guardian and also for the maintenance, education, and support of the ward, a legitimate purpose, was valid and immune … Clearly, Westmoreland has no application here.

Ibarra v. Lee

District Court, N.D. Oklahoma · Sep 30, 2025

Clark clearly states that he is speaking of training standards, content, and Deputy Lee’s compliance therewith, there will be no jury confusion. The Court will not exclude Mr. … Clark is not qualified to render expert testimony on medical issues. Specifically, Defendants challenge Mr.

Fair School Finance Council of Oklahoma, Inc. v. State

746 P.2d 1135 · Supreme Court of Oklahoma · Nov 25, 1987

As a result, districts which otherwise would not qualify for Incentive Aid, or would qualify for only a smaller amount, receive at least the minimum amount; and districts whose need is greater may not receive more than the … Where the constitutionality of an act of the Legislature is in question, all reasonable doubt will be resolved in favor of its validity and the act will be declared constitutional unless it can be clearly demonstrated that

Opinion No. (2004)

Oklahoma Attorney General Reports · Dec 15, 2004

Where a provision is not self-executing the Legislature may act to implement the Constitution, and may qualify, construe or extend its provisions. See Indep. Sch. Dist. No. 9 v. Glass, 639 P.2d 1233 , 1238 (Okla. 1982). … But a member of the Board clearly exercises considerable control over DEQ's financial activities by virtue of oversight of the DEQ budget request to the Governor, by establishing DEQ policies (and programs) through rulemaking

Maney v. Boise Title & Trust Co.

136 Okla. 107 · Supreme Court of Oklahoma · Nov 27, 1928

S. 1921, provides that th'e clerk shall keep a journal, which shall clearly set out the provisions of the judgment, and section 868, C. O. … These cases seem to hold that the opinion of a properly qualified attorney as to the construction of a foreign statute is admissible in evidence.

Sappington v. Board of Com'rs of Jefferson County

134 Okla. 253 · Supreme Court of Oklahoma · Nov 13, 1928

Sappington is the duly elected, qualified and acting county treasurer of Jefferson county, Okla., and as such is the Officer having the care and custody of the funds of the common school district of Jefferson county, Okla … S. 459 , Chief Justice Waite delivering the opinion, as follows: “According to the rule established in Brewer v.