Case law

City of Blackwell v. City of Newkirk

31 Okla. 304 · Supreme Court of Oklahoma · Jan 30, 1912

The certificate of the Secretary of State, by which the geographical center of the county was established, was dated and executed on July 22, 1908. … The Constitution clearly authorizes the Secretary of State to determine the geographical center of a county for the purposes of determining the permanent location of a county seat, and does not fix the time within which he

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.

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.

STITT V. DRUMMOND

2025 OK 82 · Supreme Court of Oklahoma · Nov 12, 2025

Is Not Affected By Oklahoma's Prohibition Against Holding Dual Office ¶7 We have established that Cabinet Secretaries are officers. … These last six examples clearly demonstrate the Legislature's ability to make an explicit exception when they so desire.

Landrum v. Standard Oil Company

499 P.2d 411 · Supreme Court of Oklahoma · Jul 5, 1972

The evidence introduced • at the trial was insufficient to establish that the plaintiff’s hearing disability was the result of any negligent acts by the defendants. … In the latter cause, we held: “But even in cases of this nature, testimony of a qualified physician that the injury could have resulted -from a certain cause together with corroborating evidence of the manner in which the

DRUMMOND v. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD

2024 OK 53 · Supreme Court of Oklahoma · Jun 25, 2024

Regardless of how the State chooses to label charter schools, the Charter Schools Act is clearly an invitation for private entities to contract to provide educational choices. … But if it does, it cannot close the door to an otherwise qualified entity simply because it is sectarian. Espinoza , 591 U.S. at 487 ; see also Everson v.

State Ex Rel. Oklahoma Bar Ass'n v. Smolen

63 O.B.A.J. 2123 · Supreme Court of Oklahoma · Jul 14, 1992

Nevertheless, attorneys should not be allowed to establish a ‘pecuniary gain by overreaching. … announced is a new principle of law; 2) whether retrospective application would retard operation of the rule; and 3) whether retroactive application would produce an inequitable result. 47 The language of the new rule would clearly

Brown v. Bivings

277 P.2d 671 · Supreme Court of Oklahoma · Nov 3, 1954

would not be fatal to the contract, if the agreement had been sufficiently definite so that what they intended to agree to could have been ascertained with a reasonable degree of certainty, we think the following matters clearly … It is incomprehensible that these parties, who by plaintiff’s allegations and evidence, were peculiarly qualified to work out such a project by reason of past experience, would have entered into any arrangement without some

Clark v. De Graffenreid

64 Okla. 177 · Supreme Court of Oklahoma · Jul 10, 1917

This appeal was clearly authorized by section 1559, Stats. 1890 (section 6501, Rev. … But the facts in that case and the preceding paragraph of the syllabus, as well as some of the Kansas cases cited, show that the above-quoted paragraph is not to be taken as establishing the rule that such bond is absolutely

Delk v. Markel American Insurance Co.

74 O.B.A.J. 2867 · Supreme Court of Oklahoma · Oct 21, 2003

The nature of the interest that qualifies as insurable has changed over time and is gradually broadening. 26 Two competing theories have evolved for measuring the nexus which must be present between the property and its insured … The policy limits and the premium paid by this insured clearly demonstrate her intent that more than her bare legal interest be insured.

Silver Seal Products Company v. Owens

523 P.2d 1091 · Supreme Court of Oklahoma · Jun 4, 1974

To qualify as part of “res gestae”, or spontaneous utterance exception, the statement must describe something seen, heard, or done by declarant in course of an event or transaction. … The net result clearly is evidenced by respondents’ claim.

Board of County Commisioners v. City of Muskogee

62 O.B.A.J. 3429 · Supreme Court of Oklahoma · Nov 5, 1991

The enactment’s express terms clearly indicate that the recipients of ad valorem tax revenues, and not the county assessor, are the direct beneficiaries of the revaluation program. … Const., which establishes the State Board of Equalization and defines its functions — to adjust and equalize the valuation of real and personal property; [b] 68 O.S.Supp.1985 §§ 2463 and 2464, which establish the identity

Oklahoma State Election Board v. Coats

610 P.2d 776 · Supreme Court of Oklahoma · Apr 21, 1980

The general rule is that when the constitution establishes specific eligibility requirements for a particular constitutional office, the constitutional criteria are exclusive. … 7 The appellants’ position is that the statute is constitutional because: all district attorneys in like circumstances are treated equally; and the burden is on the appellee to show that it is essentially arbitrary and clearly

Alexander v. Taylor

51 P.3d 1204 · Supreme Court of Oklahoma · Jun 27, 2002

Defendants-Appellants were sued in their official capacities. 1 ¶ 2 Appellees alleged in their amended petition, filed February 21, 2002, that the Oklahoma Legislature had not yet adopted a redistricting plan and that the qualifying … As the trial court’s judgment is not clearly contrary to the weight of the evidence, it is entitled to a presumption of correctness and must be affirmed.

DRUMMOND v. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD

2024 OK 53 · Supreme Court of Oklahoma · Jun 25, 2024

Regardless of how the State chooses to label charter schools, the Charter Schools Act is clearly an invitation for private entities to contract to provide educational choices. … But if it does, it cannot close the door to an otherwise qualified entity simply because it is sectarian. Espinoza , 591 U.S. at 487 ; see also Everson v.

City of Tulsa v. Langley

196 Okla. 680 · Supreme Court of Oklahoma · Apr 16, 1946

In February of 1922 the $6,800,000 bond issue previously mentioned was approved by the qualified voters of the city of Tulsa. … such that the funds derived from its operation are directly or indirectly connected with taxation (except perhaps when the transaction involved is clearly severable and is also self-liquidating).

Berry v. Stevens

168 Okla. 124 · Supreme Court of Oklahoma · Mar 20, 1934

reached by the trial court are clearly against the weight of the evidence. … “Though one may be under no duty to speak, if he undertakes to do so, he must tell the truth, and not suppress facts within his knowledge or materially qualify those stated.

Rogers v. Baptist General Convention of the State

651 P.2d 672 · Supreme Court of Oklahoma · May 25, 1982

Waterstaat was qualified as an expert in the field of Medical Record Science. This field deals with the preparation, administration and utilization of health records for proper patient care. … However, a careful review of the court’s rulings as reflected in the record clearly demonstrates that there was no ruling by the court excluding any of Waterstaat’s testimony on the basis of the locality rule.

Bishop v. Takata Corp.

12 P.3d 459 · Supreme Court of Oklahoma · Sep 26, 2000

The amicus curiae insists that the purpose of the statute was to prevent people from being punished for failure to wear a seat belt, not to grant immunity to the manufacturer for the failure to install working seat belts. … The Department shall establish specifications and requirements for approved types of safety belts and safety shoulder harnesses and attachments thereto.

Green Bay Packaging v. Preferred Packaging, Inc.

932 P.2d 1091 · Supreme Court of Oklahoma · Dec 11, 1996

In addition, the same evidence was presented to establish damages without regard to whether the damages were caused by interference or by defamation. … “To reverse a trial court under abuse of discretion, it must be found that the trial judge made a clearly erroneous conclusion and judgment, against reason and evidence.” Broadwater v.