Legal Opinion

Graff v. Kelly

Supreme Court of Oklahoma

Decided July 9, 1991No. 72052PublishedCited by 37 opinions

1Opinion of the Court

ALMA WILSON, Justice:

This appeal raises a single issue of first impression, whether service of process is valid when the process server serves the summons upon an employee, not the defendant, at that defendant’s place of employment. We hold that such service is invalid under 12 O.S.Supp.1990, § 2004(C)(l)(c)(l).

The appellee brought suit against the appellant on February 24, 1987, alleging breach of contract and tort. The petition alleged that the appellant was employed by the appellee clinic and was responsible for rendering medical services to patients of the clinic. It further alleged that…

2Cases cited24 opinions

  1. Milliken v. MeyerSupreme Court of the United States · 1941
  2. National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
  3. Northrip v. Montgomery Ward & Co.Supreme Court of Oklahoma · 1974
  4. Laubach v. MorganSupreme Court of Oklahoma · 1978
  5. Elliott v. City of GuthrieSupreme Court of Oklahoma · 1986

19 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Hukill v. Oklahoma Native American Domestic Violence CoalitionCourt of Appeals for the Tenth Circuit · 2008
  2. Ferguson Enterprises, Inc. v. H. Webb Enterprises, Inc.Supreme Court of Oklahoma · 2000
  3. Scott v. PetersonSupreme Court of Oklahoma · 2005
  4. Cornett v. CarrSupreme Court of Oklahoma · 2013
  5. Izen v. CatalinaCourt of Appeals for the Fifth Circuit · 2001

32 more not listed; retrieve them via the Exa API.

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