Case law

Morrison v. Krouch

141 Okla. 288 · Supreme Court of Oklahoma · Sep 10, 1929

S. 1921, which is as follows: *290 “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall … The question is one of equitable cognizance. and therefore this court will not disturb the iudgment unless it is clearly against the weight of the testimony.

ALLEN v. HARRISON

374 P.3d 812 · Supreme Court of Oklahoma · Apr 19, 2016

However, Physician testified that he was not qualified to perform an endoscopic or other surgical procedure to extract the nail, Those alternative treatment options, according to Physician, were beyond his field of practice … Clearly, Physician's recommenced course of treatment to "eat fiber and let the nail pass" falls under the "any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human

Parker v. Lynch

7 Okla. 631 · Supreme Court of Oklahoma · Jul 30, 1898

The land department, on the showing made by both parties, found and held that Lynch was a qualified entry-man. That being true, should this court disturb such findings? … He does not have *663 to be a qualified entryman to initiate or prosecute a contest.

In re Mental Health of D. B. W.

616 P.2d 1149 · Supreme Court of Oklahoma · Aug 14, 1980

It is required by 43A O.S.Supp.1977 § 54.1(C) that the court shall first hold a probable cause hearing on the petition to establish whether the person in custody needs treatment. … This collateral consequences doctrine was clearly espoused in In re Ballay, 482 F.2d 648 (D.C.

Leftwich v. Court of Criminal Appeals

262 P.3d 750 · Supreme Court of Oklahoma · Sep 19, 2011

If the language is plain and clearly expresses the legislative will, further inquiry is unnecessary. [12] The Legislature has clearly and unequivocally expressed its intent that § 187 apply only to related sections found … This immunity shields all enactment-related conduct. Brock v.

Nix v. STANDING COM. ON JUD. PERFORM. OF OKL. BAR ASS'N

422 P.2d 203 · Supreme Court of Oklahoma · Dec 27, 1966

He also is a duly elected, qualified and acting Judge of the Court of Criminal Appeals of our State. (Const. Art. 7, § 2; 20 O.S. 1961 , § 31 et seq.) … They were established to be obeyed and they create rights corresponding to the duties imposed * * *."

O'NEILL v. Long

73 O.B.A.J. 1989 · Supreme Court of Oklahoma · Jul 2, 2002

indicates that permission to use the vehicle is limited by the scope of consent granted, we do not believe that our statutory provision is so qualified. … State Farm moved to dismiss the third garnishment, contending that its denial of liability under the policy was conclusively established by operation of 12 0.$.2001, § 1177 when the O'Neills and American Fidelity failed to

Fisk v. Kundert

440 P.2d 690 · Supreme Court of Oklahoma · Apr 23, 1968

The correction survey established that the title was in the United States and the Act of Congress provided the grounds for procuring a patent. Grace A. … The record clearly reflects that Fisk then took possession and remained in exclusive possession by his tenants to and at the time of trial.

Public Service Co. v. Parkinson

193 Okla. 112 · Supreme Court of Oklahoma · Sep 28, 1943

Miles, 185 Okla. 140 , 90 P. 2d 631 , the Legislature is by constitutional mandate charged with the duty of establishing a public school system (art. 13, sec. 1, Okla. State Const.). … Clearly, under it, the Tulsa district cannot insist upon the Red Fork and Dawson districts assuming a portion of the bonded debt which it had incurred prior to the time of the joinder.

Southwestern Bell Telephone Co. v. State

204 Okla. 225 · Supreme Court of Oklahoma · Mar 8, 1951

The Company has had abundant opportunity to establish its contentions. In seeking to do so, the Company has submitted elaborate estimates and computations, but these have overshot the mark. … It is enough that the rates have been established by competent authority and that their invalidity has not been satisfactorily proved.”

BRAITSCH v. CITY OF TULSA

2018 OK 100 · Supreme Court of Oklahoma · Dec 18, 2018

Constitution provides: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without … However, determining what enumerated subject was violated is immaterial because Braitsch cannot establish 85A O.S. § 89 is a special law.

KNOX v. OKLAHOMA GAS AND ELECTRIC CO.

2024 OK 37 · Supreme Court of Oklahoma · May 21, 2024

The legislative amendment clearly rejects liability of an employer based upon treating the employer as a third-party tortfeasor by a dual capacity or dual persona doctrine. … Co. , 2005 OK 5, n.30 , 107 P.3d 595, 602 . 61 In re M.K.T. , 2016 OK 4, ¶86 , 368 P.3d 771, 798 ("we are unable to address issues clearly outside the record"). 62 Knox v.

Eberle v. King

20 Okla. 49 · Supreme Court of Oklahoma · Jan 10, 1908

On March 1, 1889, the Congress of the United States passed an act, entitled “An act to establish a United States Court in the Indian Territory, and for other purposes” (Act March 1, 1889, c. 333, 25 Stat. 783 ), and therein … Ene. of Law (2d Ed.) p. 744, and note, citing authorities. *64 In other words, where the writ is sought to be invoked, the proper inquiry is, does the duty sought to be enforced clearly result from an office, trust, or station

State Highway Commission v. Green-Boots Const. Co.

199 Okla. 477 · Supreme Court of Oklahoma · Jul 8, 1947

The testimony of Tom Green conflicts with the evidence produced on behalf of the Highway Commission regarding those items, and, while creating doubt, does not clearly establish that the claimant was not paid in full therefor … “Mandamus is a summary remedy, extraordinary in its nature, and to be applied only when a right has been clearly established, so that there, remains only a positive ministerial duty to be performed, and it will not lie when

Ezell v. Midland Valley R. Co.

73 Okla. 40 · Supreme Court of Oklahoma · Aug 13, 1918

quarantine line to points above the quarantine line, pursuant to regulations prescribed by law, is involved in the carriage and handling of said cattle by said railroad company, and is a part of its public service, and therefore clearly … Amendment is that of the common law, and it may be limited or qualified by a special contract with the shipper, limiting it in a just and reasonable manner, except exemption from loss or responsibility due to negligence;

Robison v. Graham

799 P.2d 610 · Supreme Court of Oklahoma · Oct 1, 1990

However, Appel-lees also had to sustain their burden of proof as to the constructive trust and parol evidence may be used to prove the establishment of a constructive trust. 10 In this respect, not only was the attorney’s … Only the property acquired during the marriage qualifies for the elective share, which seems to be particularly equitable in the short-term marriage. 22 .

Trotter v. Loum

321 P.2d 651 · Supreme Court of Oklahoma · Feb 4, 1958

that the plaintiffs be barred and enjoined from establishing a business in the addition. … contained in the plat restrictions covering an addition to a city, restricts the use of residences constructed in said addition solely to residential purposes where there is no provision in the restrictions modifjdng or qualifying

State Ex Rel. Woods v. Cole

178 Okla. 567 · Supreme Court of Oklahoma · Sep 29, 1936

Executed contracts should not be held void as against public policy, unless the court is without doubt clearly and positively directed to that conclusion. In Huber v. … Culp, 46 Okla. 570 , 149 P. 216 , this court held as follows: “In order to declare a contract against public policy, and void, it must conflict with the morals of the times or contravene established interests of society,

Hargrave v. Canadian Valley Electric Cooperative, Inc.

792 P.2d 50 · Supreme Court of Oklahoma · May 8, 1990

Contracts must stand unless it clearly appears that pub- *59 lie right or public weal is contravened. Id. … Clearly, summary judgment as to this theory of recovery was premature in light of the many remaining factual questions.

K. C. Motor Co. v. Miller

185 Okla. 84 · Supreme Court of Oklahoma · Apr 4, 1939

The court’s instruction No. 1 clearly informs the jury that recovery is sought only for losses suffered by plaintiff as a result of alleged injuries to the kidney. … This requested instruction, like Nos. 2 and 4 above, failed to take into account the qualifying effect of mutual mistake as aforesaid. We find no prejudicial error with respect to the instructions as given and refused.