Case law

McCarty v. Weatherly

85 Okla. 123 · Supreme Court of Oklahoma · Jan 17, 1922

They thus became qualified subscribing and attesting witnesses.” In Swift v. Wiley, 1 B. Mon. … But opportunity for undue influence, standing alone, is not sufficient to establish undue influence. From this record iit clearly appears to us that J. H.

Rice v. Theimer

45 Okla. 618 · Supreme Court of Oklahoma · Feb 16, 1915

In the order of appointment it was recited that “it being first proven that notice of this hearing has been first given as required by law,” after which she duly qualified and gavé bond. … This is clearly a case for specific performance. The contract in writing between Elizabeth B. Theimer and Henry C.

Brown v. State Election Board of the Oklahoma

369 P.2d 140 · Supreme Court of Oklahoma · Feb 13, 1962

It gives original jurisdiction to their Supreme Court to review the legislative apportionment in an action timely brought by a qualified elector. In Sec. 6(2) (c), of Art. … In an application for permission to file a second petition for rehearing in this case it is asserted that: “The apportionment acts under which legislative elections will be held * * * are clearly violative of the 14th amendment

Continental Oil Company v. Elias

307 P.2d 849 · Supreme Court of Oklahoma · Dec 26, 1956

“As a general rule, the line of demarcation between an independent contractor and agent or servant cannot clearly be drawn by the courts. … The witness qualified as a traffic engineer, or highway safety engineer, and an expert as to the speed of a motor vehicle traveling on the highway, and his answer to the question propounded was based upon skid marks made

Stanolind Pipe Line Co. v. Tulsa County Excise Board

183 Okla. 160 · Supreme Court of Oklahoma · Apr 5, 1938

After such items there appears the following: “Further for the purpose of providing adequate educational facilities to those pupils qualifying for instruction in grades not taught in this district, or who are handicapped … sections of the 19Q3 legislative act. is clearly designed to promote equality of facilities.

Jantzen v. Emanuel German Baptist Church

27 Okla. 473 · Supreme Court of Oklahoma · Nov 16, 1910

But it is also the unanimous voice of these authorities that where the answer as to ownership is direct, but is subsequently qualified by a statement of the facts relative to it, or tending to show such ownership, and discloses … But we are agreed that in this case, under the facts as they appear, these questions did not call for an opinion, but a statement of fact simply, and therefore come under the rule that where the question .involves a fact clearly

Cities Service Co. v. Gulf Oil Corp.

70 O.B.A.J. 762 · Supreme Court of Oklahoma · Mar 2, 1999

considering whether to extend collateral-estoppel effect to an interlocutory order (the denial of an application for a temporary injunction), it held: “To be ‘final’ for purposes of collateral estoppel the decision need only be immune … In its annual report Cities clearly qualified the statement of its proved oil reserves as an estimate. See supra note 59 for the relevant contractual language. 61 .

Atchison, T. & S. F. Ry. Co. v. State

28 Okla. 94 · Supreme Court of Oklahoma · Jan 24, 1911

decisions holding that the enrolled act may be impeached by the journals, have done so reluctantly and have expressed doubts as to the validity of the doctrine, and in many cases,' as will appear in the following section, have qualified … To hold that the Constitution has made it the mandatory duty of the Legislature, as it clearly has, to establish and maintain a system of free schools; to establish separate schools for white and colored children; to provide

Application of Peppers Refining Co.

272 P.2d 416 · Supreme Court of Oklahoma · Jul 1, 1954

was given in answer to, would seem to support Protestants’ theory, an examination of all that part of his testimony from which that answer is removed and set out by itself in Protestants’ brief, shows that this answer was qualified … On the basis of the evidence it is clearly entitled to be protected against' the drainage of oil from under its C. Teuscher Lease that was definitely proved to be occurring.

Bardrick v. Dillon

7 Okla. 535 · Supreme Court of Oklahoma · Jul 30, 1898

We musí accept the law as we find it, and interpret its provisions according to the established and known meaning of words and the settled rules of construction. … If they establish this fact, they are entitled to have the tax based upon the excess of valuation enjoined.

Petition of Wayland

510 P.2d 1385 · Supreme Court of Oklahoma · Nov 16, 1971

The Supreme Court found there was no evidence in the record which would rationally justify a finding that Schware was morally unfit to practice law and denying him the opportunity to qualify for admission deprived him of … of the Board of Bar Examiners recommending denial of a license was incorrect or unfair; and that such board has a large discretion and the exercise of this discretion will not be reviewed by the Supreme Court unless it clearly

Keating v. Johnson

67 O.B.A.J. 1680 · Supreme Court of Oklahoma · May 14, 1996

of this Court extends to matters of general, public interest and this controversy is clearly of public concern. … Const, art. 5, § 60 provides: "The Legislature shall provide by law for the establishment and maintenance of an efficient *64 system of checks and balances between the officers of the Executive Department, and all commissioners

OKLAHOMA SCHOOLS RISK MANAGEMENT TRUST v. LEXINGTON SCHOOL DISTRICT

2026 OK 38 · Supreme Court of Oklahoma · May 27, 2026

The Legislature clearly intended for the agenda to provide the public with sufficient notice of all subject matter of the business that public bodies would transact at a meeting. Hirschfeld v. Oklahoma Tpk. … The matter qualifies as "new business" only if it was both unknown and could not have been reasonably foreseen at the time of posting.

Movants to Quash Multicounty Grand Jury Subpoena v. Dixon

184 P.3d 546 · Supreme Court of Oklahoma · Apr 15, 2008

Such an analysis is clearly within this Court's purview. T9 This Court has exercised this facet of its jurisdiction in the past to determine the extent of a multicounty grand jury's jurisdiction. … electors of a county; establishing numerical signature requirements for the sufficiency of such petitions; allowing the Attorney General to convene and conduct grand juries, upon the filing of a verified application, to

In Re Estate of Hart

106 Okla. 180 · Supreme Court of Oklahoma · Dec 23, 1924

Berry executrix and executor respectively, they being named as such in the will, who thereupon immediately qualified and entered upon the discharge of their duties. … Under the rule announced in the case just cited, we are clearly of the opinion that the trial court was right in sustaining the demurrer interposed to the evidence of the contestant at the conclusion of her testimony and

Washita Valley Grain Co. v. McElroy

262 P.2d 133 · Supreme Court of Oklahoma · Sep 29, 1953

We have examined all of the testimony and numerous exhibits but think that a brief statements of the evidence will be sufficient to enable us to present clearly the two propositions submitted. … A qualified safety engineer, Ralph H. Snyder, examined all of the documentary evidence and was advised on many facts and circumstances by one of the attorneys for plaintiff.

Oklahoma City v. Page

153 Okla. 285 · Supreme Court of Oklahoma · Dec 8, 1931

above, but also in an earlier sentence, as follows: “There is also evidence that because of the overflow and the probability of subsequent overflows the property has depreciated in value, the exact amount of which is not established … The instruction was properly refused because it was misleading in that it failed to qualify the right by denying the right to so commit a nuisance.

James v. Trustees of Wellston Township

18 Okla. 56 · Supreme Court of Oklahoma · Feb 13, 1907

raise revenues for such purposes, yet, in the performance of such duty the township acts as the intermediator of the state, and in the absence of -any statute fixing the liability, the township shares with the state that immunity … We are aware of the diversity in the decisions in respect to *65 the liability of a county in. neglecting to keep in repair bridges and highways, and the difficulty of stating clearly and satisfactorily the principle upon

Trinity Broadcasting Corp. v. Leeco Oil Co.

692 P.2d 1364 · Supreme Court of Oklahoma · Nov 20, 1984

The legislation clearly operated to affect rights rather than just the remedy. 13 The fact that the savings clause in the securities law, 71 O.S.Supp.1959 § 503 14 — which provided that “prior law exclusively governs all … After three years from the effective date of this Act, no action or proceeding of any character shall be brought to establish or recover an interest in property based upon the terms of the Act repealed ...” 13 .For a distinction

Berger v. City of Vinita

170 Okla. 214 · Supreme Court of Oklahoma · Oct 16, 1934

Al Berger was elected city treasurer of Vinita in April, 1929, qualified as such, and executed her official bond with the United States Fidelity Guaranty Company as surety. … The facts in the case at bar clearly show a failure on the part of the city treasurer to comply with these legislative acts, even after the same had been specifically called to her attention.