exemption claim (Oklahoma) · Go Syfert
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exemption claim in Oklahoma

15 Oklahoma opinions name it 3 courts 1929–2023 3 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Winters Livestock v. Krollgreen
okla · 1996 · cited in 1 Oklahoma opinions naming this issue, 2011–2011
1 sentence

2011The Court held that the exemption did bar the action, because, although the law had originally only applied to injuries sustained in interscholastic contests (such as between two high school football teams), the legislature had amended the provision to apply also to "other athletic contest[s]." Id. at ¶ 9, 914 P.2d at 659. 5 The Court held that § 155(20) "encompasses participation in or practice for any athletic or sports competition where participants strive for superiority or victory, whether interscholastic or not, sponsored or conducted by or *452 on the property of the state or political

11
DeLaughter v. State ex rel. Oklahoma State Department of Mental Health & Substance Abuse Servicesgreen
okla · 2001 · cited in 1 Oklahoma opinions naming this issue, 2004–2004
1 sentence

2004After a review of Anderson and the Act as a whole, DeLaughter concluded that the exemption from immunity for practicing medicine addressed by Anderson applied only to "faculty physicians, resident physicians and interns at one of the two educational institutions enumerated in the final paragraph of [Section 152(5)]." Id. at 465.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Robinson v. Sunshine Homes, Inc. green
oklacivapp · 2010
2 sentences

2023The court rejected the defense and found that the Commission's authority was "limited primarily to regulating licensing matters." Id. ¶31, 291 P.3d at 635 .

2023The court rejected the defense and found that the Commission's authority was "limited primarily to regulating licensing matters." Id. ¶31, 291 P.3d at 635 .

32023–2023
Walker v. Hays green
okla · 1927
2 sentences

1998The appellate court held that "injunction is a proper remedy to prevent enforcement of a tax upon exempt property,” relying on Cox v. Dillingham, which we explain in this opinion, and Walker v. Hays, 127 Okla. 123 , 260 P. 15 (1927), which is also cited in Cox .

1998The appellate court held that "injunction is a proper remedy to prevent enforcement of a tax upon exempt property,” relying on Cox v. Dillingham, which we explain in this opinion, and Walker v. Hays, 127 Okla. 123 , 260 P. 15 (1927), which is also cited in Cox .

21998–1998
Wilson v. Wilson green
oklacivapp · 1992
1 sentence

2017Furthermore, “the trial court has the power to allocate the exemptions and the power to order the custodial parent to execute the exemption waiver....” Wilson, 1991 OK CIV APP 79 at ¶ 7, 831 P.2d 1 . ¶8 For modification of child support, 43 O.S.

12017–2017
Hillcrest Medical Center v. Monroy green
oklacivapp · 2001
2 sentences

2009The Court of Civil Appeals secondly held that, in ruling on an exemption claim, the trial court might modify or stay a garnishment because "[i]t is entirely foreseeable that a question of the seope of modification, especially [as to] retroactive refunds, will arise, as here, in cases where the proceedings are by motion." Hillcrest, 2002 OK CIV APP 10, ¶ 23 , 38 P.3d at 936 . {11 So, said Division IV, "in cases where the judgment debtor has delayed making a request for exemption," i.e., by motion, the trial court must determine when the hardship accrued because: [The statute [12 O.S.

2009The Court of Civil Appeals secondly held that, in ruling on an exemption claim, the trial court might modify or stay a garnishment because "[i]t is entirely foreseeable that a question of the seope of modification, especially [as to] retroactive refunds, will arise, as here, in cases where the proceedings are by motion." Hillcrest, 2002 OK CIV APP 10, ¶ 23 , 38 P.3d at 936 . {11 So, said Division IV, "in cases where the judgment debtor has delayed making a request for exemption," i.e., by motion, the trial court must determine when the hardship accrued because: [The statute [12 O.S.

12009–2009
Evans Ex Rel. Evans v. Oaks Mission Public School neutral
okla · 1997
2 sentences

2004The Oklahoma Supreme Court held that the exemption did bar the action, because, although the law had originally only applied to injuries sustained in interscholastie contests, the legislature had amended the provision to also apply to “other athletic contest[s].” Id. at ¶ 9, 914 P.2d at 659. ¶ 8 The second case cited by the Trial Court is Evans v. Oaks Mission Public School, 1997 OK 97 , 945 P.2d 492 .

2004The Oklahoma Supreme Court held that the exemption did bar the action, because, although the law had originally only applied to injuries sustained in interscholastie contests, the legislature had amended the provision to also apply to “other athletic contest[s].” Id. at ¶ 9, 914 P.2d at 659. ¶ 8 The second case cited by the Trial Court is Evans v. Oaks Mission Public School, 1997 OK 97 , 945 P.2d 492 .

12004–2004
Anderson v. Eichner green
okla · 1994
2 sentences

2001Dr. Gutierrez asserts that this exemption to immunity applies only to the individuals described at the beginning of the paragraph, to-wit: physician faculty members and staff of the University of Oklahoma Health Sciences Center and the College of Osteopathic Medicine of Oklahoma State University who are not acting in an administrative capacity or engaged in teaching duties. ¶ 8 We foreshadowed today's decision in Anderson v. Eichner, 1994 OK 136 , 890 P.2d 1329 , wherein we held faculty physicians were not immune from liability for torts that occurred while they practiced medicine.

2001Dr. Gutierrez asserts that this exemption to immunity applies only to the individuals described at the beginning of the paragraph, to-wit: physician faculty members and staff of the University of Oklahoma Health Sciences Center and the College of Osteopathic Medicine of Oklahoma State University who are not acting in an administrative capacity or engaged in teaching duties. ¶ 8 We foreshadowed today's decision in Anderson v. Eichner, 1994 OK 136 , 890 P.2d 1329 , wherein we held faculty physicians were not immune from liability for torts that occurred while they practiced medicine.

12001–2001
Nelson v. State green
oklacrimapp · 1960
1 sentence

1980In Nelson v. State, Okl.Cr., 355 P.2d 413 (1960), the court said: [T]he purpose of the Act ... is to protect the public against blue-sky promotions, and promoters, and other stock transactions not otherwise covered by law.

11980–1980
Gerlach Live Stock Co. v. United States green
cc · 1948
2 sentences

1958In Gerlach Livestock Corporation v. United States, 76 F.Supp. 87 , at page 93, 111 Ct.Cl. 1 , the court said: “The condition of the deed reads, the grantor ‘reserves’ the right.

1958In Gerlach Livestock Corporation v. United States, 76 F.Supp. 87 , at page 93, 111 Ct.Cl. 1 , the court said: “The condition of the deed reads, the grantor ‘reserves’ the right.

11958–1958
Lowe v. North Dakota Workmen's Compensation Bureau neutral
nd · 1936
2 sentences

1945The Supreme Court of that state, in Lowe v. North Dakota Compensation Bureau, 66 N. D. 246 , 264 N.W. 837 , 107 A.L.R. 973 , considered the claim of one injured .while working at and with a combine in harvesting and threshing grain.

1945The Supreme Court of that state, in Lowe v. North Dakota Compensation Bureau, 66 N. D. 246 , 264 N.W. 837 , 107 A.L.R. 973 , considered the claim of one injured .while working at and with a combine in harvesting and threshing grain.

11945–1945
Baldwin, State Treasurer v. Roby green
wyo · 1939
2 sentences

1945In Wyoming, the Workmen’s Compensation Act exempts “ranch, farm, agricultural or horticultural labor.” While the language is slightly different, we think -the exemption of ■ “agricultural labor” is-similar to our own provision exempting or excluding employees “engaged in agriculture.” The Supreme Court of Wyoming, in the case of In re Roby, 54 Wyo. 439 , 93 P. 2d 940 , held that a person em-r ployed to work at and with a tractor-driven hay baler was engaged in agricultural labor notwithstanding the fact that his employer owned the machinery and operated it under commercial contract with the la

1945In Wyoming, the Workmen’s Compensation Act exempts “ranch, farm, agricultural or horticultural labor.” While the language is slightly different, we think -the exemption of ■ “agricultural labor” is-similar to our own provision exempting or excluding employees “engaged in agriculture.” The Supreme Court of Wyoming, in the case of In re Roby, 54 Wyo. 439 , 93 P. 2d 940 , held that a person em-r ployed to work at and with a tractor-driven hay baler was engaged in agricultural labor notwithstanding the fact that his employer owned the machinery and operated it under commercial contract with the la

11945–1945
Ganzer v. Chapman Barnard green
okla · 1932
2 sentences

1945In Ganzer v. Chapman & Barnard, 157 Okla. 99 , 11 P. 2d 115 , one Ganzer was employed “. . . to operate a dredging machine to dig ponds or. tanks used for watering stock on the ranch operated by the respondents.” Therein we said: “Section 7283, supra, when construed as a whole, and in connection with the other sections cited, means that if any of the instrumentalities or machinery or occupations therein designated are used in connection with farming, or in the construction of farm improvements, such hazardous employment is specifically exempted from the act.” The sections of the statute there

1945In Ganzer v. Chapman & Barnard, 157 Okla. 99 , 11 P. 2d 115 , one Ganzer was employed “. . . to operate a dredging machine to dig ponds or. tanks used for watering stock on the ranch operated by the respondents.” Therein we said: “Section 7283, supra, when construed as a whole, and in connection with the other sections cited, means that if any of the instrumentalities or machinery or occupations therein designated are used in connection with farming, or in the construction of farm improvements, such hazardous employment is specifically exempted from the act.” The sections of the statute there

11945–1945
Grotkop v. Stuckey, Co. green
okla · 1929
2 sentences

1929Stuckey et al., decided Feb. 26, 1929, modified opinion filed July 2, 1929, 140 Okla. 178 , 282 Pac. 611 , the assessment of a hornet-stead allotment of a Cherokee is involved, and while the exemption clause in the treaty with the Cherokee is somewhat different from that involved in the Choctaw and Chickasaw Agreement, it was there held that a tax for special improvements upon, the homestead of an unrestricted Cherokee was illegal and void.

1929Stuckey et al., decided Feb. 26, 1929, modified opinion filed July 2, 1929, 140 Okla. 178 , 282 Pac. 611 , the assessment of a hornet-stead allotment of a Cherokee is involved, and while the exemption clause in the treaty with the Cherokee is somewhat different from that involved in the Choctaw and Chickasaw Agreement, it was there held that a tax for special improvements upon, the homestead of an unrestricted Cherokee was illegal and void.

11929–1929

Statutes the citing opinions construe

OK § Okla. Stat. tit. 46, § 15 (3) OK § Okla. Stat. tit. 63, § 1-1900.1 (3) USC § 12u.s.c.5481 (3) USC § 15u.s.c.1692 (3) USC § 15u.s.c.1692a(6) (3) USC § 15u.s.c.1692a(a)(6)(f) (3) USC § 15u.s.c.1692e (3) USC § 15u.s.c.1692k (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 76 (1893–2026) IL 41 (1865–2023) PA 39 (1930–2019) NJ 38 (1900–2025) TX 35 (1892–2025) NY 34 (1892–2024) WA 27 (1895–2025) AL 23 (1884–2004) OH 23 (1926–2026) MI 20 (1899–2023) FL 20 (1882–2024) MO 19 (1893–2009) MD 18 (1929–2026) AR 18 (1898–2024) OK 15 (1929–2023) CT 14 (1912–2026) TN 13 (1877–2018) LA 12 (1936–2008) NM 11 (1941–2015) MA 11 (1930–2025) OR 11 (1916–2013) NE 9 (1922–2022) NC 9 (1921–2016) IN 9 (1980–2016) VA 9 (1886–2016) IA 9 (1928–2025) RI 8 (1897–2008) MS 8 (1995–2016) CO 8 (1906–2018) GA 8 (1935–2022) KS 8 (1895–2022) MT 8 (1920–2021) UT 7 (1911–2024) WV 7 (1960–2026) WI 6 (1928–2023) KY 6 (1909–2017) MN 6 (1877–1996) VT 5 (1929–2005) NV 4 (1977–2017) ID 4 (1928–2014) DC 4 (1976–2024) ME 3 (2004–2016) SC 3 (1988–2024) SD 3 (1894–1989) WY 2 (1987–2004) DE 2 (1995–2021) PR 2 (1929–1950) HI 2 (1893–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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