Case law

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.

Fent v. Contingency Review Board

163 P.3d 512 · Supreme Court of Oklahoma · May 1, 2007

. *518 The enactment establishes explicit criteria for determining whether proposed expenditures are expected to result in a substantial economic benefit to the State. … The funding of state programs is clearly a matter publici juris. 30 The Legislature has appropriated $45,000,000 to the Opportunity Fund for the development of economic activity in the State.

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.

Daniel v. Daniel

72 O.B.A.J. 3708 · Supreme Court of Oklahoma · Dec 18, 2001

as may be just and proper under the cireum-stances. 32 8 Counsel-fee allowances claimed in matrimonial disputes under § 110 do not depend on one's status as prevailing party, but may be granted only to that litigant who qualifies … Owens, 1927 OK 203, ¶ 9 , 126 Okla. 37 , 258 P. 879 [Supreme Court is the head of state's judicial system and other courts established by state law are inferior to Supreme Court.]. 13 . Okla. Const. art.

STATE EX REL. DEPT. OF INST., SOC. & REHAB. SERV. v. Griffis

545 P.2d 763 · Supreme Court of Oklahoma · Dec 9, 1975

(e) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child. … The adoption statutes clearly do not permit any interpretation which would derogate the constitutionally vested jurisdiction of the trial judge and allow a delegation of this decision making power to the Department or to

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

Chase Manhattan Bank (National Ass'n) v. Cantrell

493 P.2d 424 · Supreme Court of Oklahoma · Jan 25, 1972

This case held additionally: “* * * no claim of tax exemption can be sustained unless it is shown same clearly comes within the provision of the law under which the exemption is claimed.” … But we are unable to conclude that the evidence suffices clearly to establish that the state board entertained or is chargeable with any purpose or design to discriminate.”

Ford v. Board of Tax-Roll Corrections

431 P.2d 423 · Supreme Court of Oklahoma · Apr 11, 1967

In 1929 the Legislature enacted an Act, known as The State Bar Act (Chap. 22, Art. 2, § 4210 et seq., O.S.1931) establishing, a State Bar, creating a Board of Governox-s,, and providing for qualifications for admission to … At this point in this decision we conclude and hold that the evidence clearly shows that the Foundation holds the title to the property in trust for the Association.

Woodruff v. Wallace

3 Okla. 355 · Supreme Court of Oklahoma · Jul 27, 1895

Clearly not; because, upon the filing of the homestead entry, a contract was entered into, binding upon the government to the effect that, presuming the entryman was one of the parties designated as qualified to homestead … When we examine closely that act, it clearly appears that such was not the intention.

Kinslow Round-Up Inc. v. City of Seminole

75 O.B.A.J. 1906 · Supreme Court of Oklahoma · Jul 6, 2004

When asked whether a water line could be laid under the strip, another City official answered "probably not." 126 The individual tracts standing alone would clearly not meet the statutory definition of contiguity (or adjacency … When a matter is declared political it carries First Amendment immunity because the subject is about governing. Freedom of speech in the broad sphere of governing is unlimited.

St. Louis-S. F. Ry. Co. v. Andrews, Co.

137 Okla. 222 · Supreme Court of Oklahoma · Apr 10, 1928

provides: “Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title.” … any material for public improvement purpose», public buildings, and for all such purposes shall have the power to exercise the right of eminent domain, either within or without the corporate limits of such city, and to establish

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. JACK

481 P.3d 261 · Supreme Court of Oklahoma · Jan 19, 2021

Finally, the office has updated their handbook for legal interns to more clearly identify the scope of tasks that unlicensed individuals are allowed to perform. … Comment 2 to Rule 5.5, ORPC, states: The definition of the practice of law is established by law and varies from one jurisdiction to another.

Drew v. Thurlwell

173 Okla. 405 · Supreme Court of Oklahoma · Sep 10, 1935

Thereafter Melissa Jones was appointed and qualified as administratrix of Ms estate. … Under the statute providing for the revivor of actions and judgments, we are clearly of the opinion that the judgment of James E.

Estate of Samochee

542 P.2d 498 · Supreme Court of Oklahoma · Oct 28, 1975

In In re Davis’ Estate, 171 Okl. 575 , 43 P.2d 115 , we held in paragraph 3 of the syllabus: “ * * * any declarations or gestures made in response to inquiry as to testator’s intention or desire, which clearly convey his … of the decedent in the Bohemian language that the instrument was his will, and the request that the witnesses sign the same was understood by the two witnesses who understood the Bohemian language, and they thus became qualified

In Re Elston's Estate

262 P.2d 148 · Supreme Court of Oklahoma · Oct 13, 1953

The church members better qualified to give information on the subject testified that both the Fay and Rocky churches subscribed to the doctrine of “withdrawal” from “rejected” members and indicated that members in good standing … Crumbaugh, 228 Ill. 380 , 81 N.E. 1044, 1051 , in which it was held that a belief in Spiritualism is of itself no evidence of monomania or insane delusion, the court said: “An insane delusion is not established when the court

Huston v. Scott

20 Okla. 142 · Supreme Court of Oklahoma · Feb 3, 1908

To give the force contended for by plaintiff in error to the section in question would qualify every incompetent 21 years old in the state, even if his incapacity had been judicially determined, and he was under the care … This, I think, is sufficiently established by the cases already mentioned, and the authorities on which they rest.

Meridian Oil Co. v. Randolph

26 Okla. 634 · Supreme Court of Oklahoma · Jul 12, 1910

In passing, the court, in effect, held that the bill set out a case which clearly entitled plaintiff to equitable relief,' and said: “The rule is perfectly well settled that a party may by express agreement create a charge … or claim in the nature of a lien on real as well as personal estate of which he is the owner or possessor, and that equity will establish and enforce such charge or claim, not only against the party who stipulated to give

Transportation Information Services, Inc. v. State ex rel. Oklahoma Department of Corrections

69 O.B.A.J. 3778 · Supreme Court of Oklahoma · Oct 27, 1998

Oklahoma Open Records Act does not apply to records specifically required by law to be kept confidential including: a. records protected by a state eviden-tiary privilege such as the attorney-client privilege, the work product immunity … However, if the request is: a) solely for commercial purpose; or h) clearly would cause excessive disruption of the public body’s essential functions; then the public body may charge a reasonable fee to recover the direct

L. Marrinan & Bro. v. Knight

7 Okla. 419 · Supreme Court of Oklahoma · Jul 30, 1898

No objection was made to the form of any of these questions, and the evidence attempted to be elicited was clearly relevant to the issues in the case, and should have been admitted. … It is a nec-esary link in the chain of evidence by which fraud is established.”

Rogers v. BAPTIST GENERAL CONVENTION, ETC.

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.