Case law

Starnes v. Brown

155 Okla. 189 · Supreme Court of Oklahoma · Feb 23, 1932

Under the evidence in the case, if a disability resulted, most clearly Starnes and his insurance carrier, Ü. S. … Leaving the qualifier off, there might be an inference, but taking it all the way through, the inference is the other way.

Christy v. the City of Kingfisher

13 Okla. 585 · Supreme Court of Oklahoma · Mar 4, 1904

But on the other hand, where the appointment or election is made for a definite term or during good behavior, and the removal is to be for cause, it is now clearly established by the great weight of authority that the power … The petition, the alternative writ, and the return of Christy all clearly show that he was at that very time the duly elected, qualified and acting marshal.

Veterans of Foreign Wars v. Childers

197 Okla. 331 · Supreme Court of Oklahoma · Jun 29, 1946

That statement is correct if qualified by “in a proper manner.” … We are therefore of the opinion that under the above-cited authorities a part of this appropriation was clearly a gift as defined therein, and as such is clearly prohibited by section 15, art. 10, Constitution of Oklahoma

Oklahoma Pub. Co. v. Tucker

124 Okla. 202 · Supreme Court of Oklahoma · Apr 5, 1927

It is contended that a justice of the peace under our law receives no salary, but does receive fees allowed by law, and that the words in relation to putting the fees in his pocket are clearly not defamatory on th’e-ir face … The record discloses that there was no evidence that even tended to establish the truth of the charges contained in the article in¡ question.

Shimonek v. Tillman

150 Okla. 177 · Supreme Court of Oklahoma · Jun 23, 1931

S. 1921, provides: “The county court shall establish a date upon which all petitions for the approval of deeds to lands inherited by fulhblood Indians shall be heard. * * *” Section 1079. C. O. … In truth and in fact, tlie opening statement of counsel very clearly shows (hat in the trial court the defense submitted by the defendant was solely to tlie effect that the guardianship was void, and that the county court

Gulf Oil Corporation v. State

360 P.2d 933 · Supreme Court of Oklahoma · Mar 28, 1961

In this connection, Commission contends Gulf clearly comes within the statutory definition of a common purchaser as a company “exercising * * * the right to carry petroleum * * * by pipeline * * * as owner, lessee, licensee … Gulf Refining Company’s activities and operations are those of an interstate common carrier of crude oil by pipe line for hire; Gulf Oil Corporation owns all of the corporate stock of Gulf Refining Co., except directors’ qualifying

Jackson v. Maley

62 O.B.A.J. 557 · Supreme Court of Oklahoma · Feb 4, 1991

Compelling legal reasons clearly militate against disturbing that decision. … Dix, 771 P.2d 614, 617 (Okla. 1989)], and, generally, an election not clearly illegal will be upheld. Id. and Keltch, supra at 911 .

Perkins v. Territory of Oklahoma

10 Okla. 506 · Supreme Court of Oklahoma · Sep 5, 1900

(Id. 113) But trial courts should be careful never to admit such testimony unless clearly within the rule. … “Declarations are sometimes admissible in evidence as part of the transaction when they qualify or give character to it. These declarations did neither.

National Biscuit Co. v. Lout

179 Okla. 259 · Supreme Court of Oklahoma · Dec 22, 1936

That respondent sustained the disability and that it occurred during the course of his employment is clearly established, but whether it was the result of an accident, and, if so, arose out of the employment, are the questions … But the essential connecting link of direct causal connection between the personal injury and the employment must be established before the act becomes operative.

In Re De-Annexation of Certain Real Property

102 P.3d 120 · 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." ¶ 26 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.

DANI v. MILLER

2016 OK 35 · Supreme Court of Oklahoma · Mar 29, 2016

In other words, if validly established claims exceed the established reserve, incoming unclaimed property will be held in reserve to pay valid claims until all established claims are paid. … A legislative act is presumed to be constitutional and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. Rural Water Sewer and Solid Waste Mgmt. v.

Paclawski v. Bristol Laboratories, Inc.

425 P.2d 452 · Supreme Court of Oklahoma · Jan 24, 1967

In that case, in the ninth paragraph of the syllabus, the Oklahoma court stated a rule *455 similar to that contended for by defendants here, hut was careful to add the qualifying phrase “ * * * and repugnant to the general … purpose and intent of the contract * * * A study of the opinion justifies the conclusion that the decision was in reality based on other sounder and well established rules for the construction of contracts.

Associated Industries of Oklahoma v. Industrial Welfare Commission

185 Okla. 177 · Supreme Court of Oklahoma · Mar 21, 1939

clearly within the scope thereof. … There is nothing to indicate what that court -would deem arbitrary action or how this could be established in the absence of evidence or hearing.

SERVICE PIPE LINE COMPANY v. Donahue

283 P.2d 844 · Supreme Court of Oklahoma · Feb 8, 1955

It is clearly evident that he should know as much about flag raising as the most experienced. … Jennings and I say that the facts in those cases clearly establish the negligence of the master while in the case at bar such evidence is wholly lacking.

WALTERSCHEIDT v. HLADIK

512 P.3d 354 · Supreme Court of Oklahoma · Jun 14, 2022

If applicable, an individual volunteer qualified for appointment as a guardian of a veteran pursuant to the Veterans Volunteer Guardianship Act. … The Order Appointing Guardian was not clearly against the weight of the evidence or contrary to law.

Cox v. STATE EX REL. OKLAHOMA DHS

87 P.3d 607 · Supreme Court of Oklahoma · Mar 9, 2004

Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission.... B. … Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission.

Kansas, Oklahoma & Gulf Railway Co. v. Painter

333 P.2d 547 · Supreme Court of Oklahoma · Nov 5, 1958

The last quoted part of instruction No. 6 «qualifies the first quoted portion of that instruction only where unusual circumstances exist, and defendant contends that no such unusual circumstances existed at the crossing where … The rule is general that a motorist "must drive in such a manner that he may be able to stop short of a collision" which is equivalent to the well established rule that a motorist must drive at such speed as will enable him

Reynolds v. Beacon Well Services, Inc.

64 O.B.A.J. 2309 · Supreme Court of Oklahoma · Jul 20, 1993

No showing was made that members of the panel were not qualified to serve as jurors or were incompetent to sit as jurors in the trial of the case. … Our statutes clearly place the general jury panel under judicial control and supervision. 38 O.S.1991, § 20.

Lone Star Gas Co. v. Corporation Commission

170 Okla. 292 · Supreme Court of Oklahoma · Jul 10, 1934

It has not qualified to do business in the state of Oklahoma. It owns approximately 95% of the stock of Lone Star and of Community. … Community complains that the temporary rate established is confiscatory.

Collins-Dietz-Morris Co. v. State Corporation Com.

154 Okla. 121 · Supreme Court of Oklahoma · Jun 2, 1931

“That it is the established practice of plaintiff company to contract privately and to sell and transport its said merchandise pursuant to private contract with its customers and to transport and make delivery of its own … The standard of conduct for each is clearly prescribed and the provisions thereof as to each are defined. The provisions with reference to class “C” motor carriers are reasonable and are sustained.