Case law

Cary by and Through Cary v. Oneok, Inc.

940 P.2d 201 · Supreme Court of Oklahoma · Jul 1, 1997

. ¶ 7 A minor, on the other hand, who is non sui juris, cannot qualify as principal. … The terms of 12 O.S.1991 § 2017(C) [25] clearly make the next friend dominus litis.

State v. Pigg

368 P.3d 771 · Supreme Court of Oklahoma · Jan 20, 2016

(H) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness. … by testimony of a qualified expert witness; and (H) The unavailability of suitable families for placement after a diligent search has been completed for families meeting the preference criteria. 40 155 Section 1915(c) clearly

State Ex Rel. State Insurance Fund v. Great Plains Care Center, Inc.

74 O.B.A.J. 2753 · Supreme Court of Oklahoma · Sep 30, 2003

This legislative enactment expressly grants authority for attorney's fees to be awarded against a state entity, and sovereign immunity issues are not implicated. See Vanderpool v. … An abuse of judicial discretion occurs when a trial court's order is exercised to an end or purpose not justified by, and clearly against, reason and evidence. Christian v.

Haskew v. Knights of Modern MacCabees

58 Okla. 294 · Supreme Court of Oklahoma · Jul 25, 1916

The other stipulations regarding the furnishing of proofs of death are as follows: “It is hereby agreed and stipulated that Beulah Curington has duly qualified and made the bond required by law, and had letters of guardianship … The court’s ruling in favor of the defendant ie clearly based upon the following condition of the by-laws: “Sec. 60.

Owens v. Lynch

147 Okla. 298 · Supreme Court of Oklahoma · Feb 17, 1931

Roddie as his successor, who qualified as such on the same day. … The record clearly shows there was no valid consideration for the release, and for this reason it could not stand against the motion.

IN THE MATTER OF THE REINSTATEMENT OF GOFORTH

2019 OK 1 · Supreme Court of Oklahoma · Jan 23, 2019

We held, she had shown her competence and learning in the law to qualify her for readmission without retaking the bar examination. Id. ¶12. … The Petitioner's continuing legal education equivalency clearly exceeds the annually required twelve hours for licensed lawyers in Oklahoma.

Johnson v. Johnson

319 P.2d 1107 · Supreme Court of Oklahoma · Dec 24, 1957

In our opinion the trial court was clearly justified and, indeed, compelled to hold defendant in contempt. … The evidence established that at the time of the trial the defendant had no funds with which to pay such amount.

City of Stillwater v. Cundiff

184 Okla. 375 · Supreme Court of Oklahoma · Feb 28, 1939

Commissioners were appointed who qualified and made their report fixing the damage to the plaintiff at $500. … One of the rules established by this court in a well-defined line of authorities is that the damage to realty is permanent when the cause of the damage cannot' be abated. Twin State Oil Co. v.

Matter of Adoption of Baby Boy D

742 P.2d 1059 · Supreme Court of Oklahoma · Nov 12, 1985

Subsection (e) declares: “No foster care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the … interest to the mother’s. 37 The court noted that the argument posed by the general unavailability of unwed fathers did not apply to Caban because fathers like Caban with substantial relationships with their children are clearly

City of Sapulpa v. Land

101 Okla. 22 · Supreme Court of Oklahoma · Jan 29, 1924

After said charter is submitted to, and approved by,. the qualified electors at an election held for (hat purpose, it must then be submitted to the Governor for his approval, and if the same shall not be in conflict with … Justice Stone, in delivering the opinion of the court, used this language: “It thus appears to be clearly established that the administration of justice, the preservation of the public peace, and the protection of the rights

Ohio Nat. Life Ins. Co. v. Dobbs

140 Okla. 147 · Supreme Court of Oklahoma · Sep 24, 1929

I think I would have to answer that ‘yes,’ if you will allow me to qualify it to this extent;— Q. You may make any explanation you wish. A. … Section 7406, supra, clearly and expressly makes contracts of mortgage subject to all the provisions of chapter 59.

Tipton Home v. Carpenter

301 P.2d 224 · Supreme Court of Oklahoma · Jul 17, 1956

Qualified teachers instruct these children up through the sixth grade and as a part of the Tipton School System. … The rule is well established in this State that the court, in considering the question of the custody of minor dependent children must give first consideration to the best interest of the child.

Cities Service Gas Co. v. Peerless Oil & Gas Co.

203 Okla. 35 · Supreme Court of Oklahoma · Jan 17, 1950

The private ownership of the gas is recognized and the right of sale as an incident of ownership obtains under and is protected by the Constitution until qualified under proper authority. … The established rule of construction in such situation is to treat the sections as parts of one law. The rule is thus stated in 59 C. J. 1043, §620: “ ...

Satellite System, Inc. v. Birch Telecom of Oklahoma, Inc.

73 O.B.A.J. 1979 · Supreme Court of Oklahoma · Jul 2, 2002

in aid of the general statutes of Oklahoma_” Thus, “[t]he common law remains in force in this state, unless a statute explicitly provides to the contrary.” 10 A legislative intention to abolish a common law right must be clearly … applying to all customer’s contracts, which are on file and approved by the Oklahoma Corporation Commission limit the amount of its liability for injuries resulting from omissions and mistakes ... so long as it does not seek immunity

Davidson v. Gregory

780 P.2d 679 · Supreme Court of Oklahoma · Jun 5, 1989

Because noncompliance with Rule 10 is not apparent from the sparse record before us, we are again constrained to assume that all the elements necessary to qualify for the Rule 10 exception were met. … IV REQUIREMENTS FOR ESTABLISHING WANT OF RULE 10 NOTICE AS A GROUND FOR VACATION A party seeking a judgment’s vacation clearly bears the burden to bring a case within the parameters of § 1031 relief. 16 It is the vacation

Gooch v. Natural Gas Supply Co.

175 Okla. 153 · Supreme Court of Oklahoma · Nov 12, 1935

Plaintiff had the burden of establishing- the first, defendant the second. We think plaintiff failed and defendant succeeded. … The certificate was clearly a forgery and worthless. Plaintiff *156 was clearly a victim of the fraud of Burns and Reardon, for which the defendant is not liable. Plaintiff presents two assignments of error.

City of Tulsa v. Williamson

276 P.2d 209 · Supreme Court of Oklahoma · Oct 29, 1954

Section 27, Art. 10, Oklahoma Constitution provides as follows: “Any incorporated city or town in this State may, by a majority of the qualified property tax paying voters of such city or town, voting at an election to be … them, but, on the contrary, their establishment has been generally recognized as ancillary to the complete enjoyment by the public of the property set apart for their benefit.

McKeever Drilling Co. v. Egbert

170 Okla. 259 · Supreme Court of Oklahoma · Dec 27, 1934

Redd, supra, we noticed authorities which qualified this rule, under proper circumstances; such a circumstance as is presented where the employee, for some reason not arising out of the employment, falls, but in connection … However, there is nothing authoritative in the record to establish this charge. The award of the Commission states that it considered this evidence.

Horath v. Pierce

506 P.2d 548 · Supreme Court of Oklahoma · Jan 30, 1973

The trial court’s discretion, absent clear and prejudicial abuse thereof, in allowing litigants additional time within which to answer, reply or perform other acts is clearly established by 12 O.S.1961 § 284, as follows : … Hittenmeyer, 195 Okl. 669 , 161 P.2d 749 , this Court stated in part at p. 750: “Apart from the qualifying effect, if any, of the curative provisions of the 1939 Act, to which we will revert later, it must be assumed, as

Missouri-Kansas-Texas Railroad Co. v. Edwards

361 P.2d 459 · Supreme Court of Oklahoma · Apr 18, 1961

A well-founded exception to said rule is that when the conclusion to be drawn from the facts depends upon professional or scientific knowledge or skill and is not within the range of ordinary training or intelligence, a qualified … While the evidence clearly shows that Carmen sustained serious and permanent injuries, the evidence fails to show that she is a helpless cripple.