Case law

U.S. Bank, National Ass'n v. Moore

278 P.3d 596 · Supreme Court of Oklahoma · Apr 10, 2012

Appellants' argument is based on the failure of Appellee to establish Appellee was a person entitled to enforce the Note at the commencement of the action and the inability to establish the effectiveness of the indorsements … We find there is no evidence in the record establishing Appellee had standing to commence this foreclosure action.

Yery v. Yery

629 P.2d 357 · Supreme Court of Oklahoma · Apr 21, 1981

The qualifying “almost”, however, is the distinguishing factor which differentiates the two cases and mandates the conclusion that the defendant, Col. … A more clearly purposeful act indicating that the defendant-appellant has invoked the benefits and protection of the State law of Oklahoma is improbable.

Fry v. Foster

179 Okla. 398 · Supreme Court of Oklahoma · Mar 16, 1937

This was clearly an offer. To the letter the following reply was made by Askren: “Detroit, Mich. July 20th '36 “Mr. Bon Foster “Bethel, Okla. “Delar Sir “Your letter of the 16th ‘at hand about the timber. … The burden of establishing this implication of fact is on the one who denies the existence of a contract. The decisions, although not all perfectly consistent, generally conform to this test.”

Robinson v. Oklahoma Nephrology Associates, Inc.

154 P.3d 1250 · Supreme Court of Oklahoma · Jan 16, 2007

STANDARD OF REVIEW 16 We review a trial court's order denying a motion for new trial for error of a pure question of law or for an abuse of discretion which is arbitrary, clearly against the evidence, and manifestly unreasonable … To qualify as a supervening cause, an intervening event "must be (1) independent of the original act, (2) adequate of itself to bring about the result and (8) one whose occurrence was not reasonably foreseeable to the original

Oklahoma City v. Local Federal Savings & Loan Ass'n

192 Okla. 188 · Supreme Court of Oklahoma · Feb 9, 1943

Before proceeding with the contentions of the other parties, we may say here that the plaintiff association has failed to establish any right, title, or interest in and to the premises. The deed from O.T. … Bassett conveyed, as plaintiff says, a base, qualified or determinable fee, but it was a determinable fee subject to reverter upon condition subsequent.

Morrison v. Roberts

183 Okla. 359 · Supreme Court of Oklahoma · Sep 16, 1938

But if for any reason the decision of such tribunal is void, the disciplined member will be reinstated by -the courts, as where an expulsion was on a charge which did not justify expulsion even if established. . … If my construction of the rules of the association may be conceded as correct, then I respectfully urge that this case clearly falls outside the general rule, for the expulsion or suspension of eligibility in the case was

Allen v. Shepherd

69 Okla. 47 · Supreme Court of Oklahoma · Jan 8, 1918

Shepherd, and that she is now the duly appointed, qualified, and acting administratrix, with the will annexed, of his estate, and that this action has been revived in her name as administratrix, with the will annexed, of … Even if it were admitted that this was true, which is not clear from the terms of the contract, it clearly provides for the payment of ope-half of the value of the land, and that is a legal and separate provision under the

NYE v. BNSF RAILWAY CO.

428 P.3d 863 · Supreme Court of Oklahoma · Jun 19, 2018

Further, in its brief, BNSF only claimed immunity from damages under Nye's warning device claim but not immunity from suit. … A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2.

CHEROKEE NATION v. UNITED STATES DEPARTMENT OF THE INTERIOR

2025 OK 4 · Supreme Court of Oklahoma · Jan 22, 2025

In Riley , the Alabama governor had established a task force on illegal gambling and appointed special prosecutors to enforce the state gambling laws. … the state itself. ¶48 To answer the question certified to this Court, we need not delve into the complexities of sovereign immunity of the State or its officials.

Russell v. Henderson

603 P.2d 1132 · Supreme Court of Oklahoma · Nov 28, 1979

First, this court has previously and correctly referred to the impeachment proceedings as applicable to state officers who are elected by the qualified voters of the entire state. State v. … That last-mentioned statute clearly provides State officials (not subject to impeachment) are properly answerable to an accusation presented by a grand jury of the county in which such officer resides, or in which he has

Bullard v. Caulk

206 Okla. 353 · Supreme Court of Oklahoma · Oct 16, 1951

and state of Oklahoma; that though they had complied with the contract the defendants refused to convey said property to plaintiffs; that Lloyd Reagan was, from the 6th of January, 1944, until November 10, 1947, the duly qualified … Thus, clearly invoking the rule in the Lee v. Little case, supra. Therefore, this contention is without merit. The judgment is affirmed. ARNOLD, C.J., HALLEY, V. C. J., and CORN, O’NEAL, and BINGAMAN, JJ., concur.

IN THE MATTER OF M.K.T.

2016 OK 4 · Supreme Court of Oklahoma · Jan 20, 2016

(ii) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness. … The usual method of proving foreign law is by affidavit testimony of qualified legal experts.

Myers v. Missouri Pacific Railroad

73 O.B.A.J. 1967 · Supreme Court of Oklahoma · Jul 2, 2002

Preemption was clearly the defendants' due. … See the provisions of 49 C.ER. § 213.233, which require inspections to be made by a qualified railroad track inspector in the manner set forth in the regulation and according to a prescribed schedule.

Cowokochee v. Chapman

90 Okla. 121 · Supreme Court of Oklahoma · Nov 21, 1922

having died in 1905, prior to the admission of Oklahoma into (ho Union as a state, the devolution of his estate is governed by the applicable provisions of chapter 49 of Mansfield’s Digest of the Statutes of Arkansas, as qualified … It was clearly the intention of the proviso to exclude noncitizens from obtaining any portion of the unallotted tribal lands bv inheritance.

Mays v. Board of Com'rs of Creek County

164 Okla. 231 · Supreme Court of Oklahoma · May 16, 1933

, 245 P. 65 , in the syllabus, this court said: “An application to vacate a default judgment and to be allowed to defend is addressed to the sound discretion of the court, and will not be disturbed on appeal, unless it clearly … W. (2d) 751 , the Supreme Court of that state held that: “Trust company, seeking to qualify as a county depository under Rev.

City of Midwest City v. House of Realty, Inc.

198 P.3d 886 · Supreme Court of Oklahoma · Apr 1, 2008

the appropriate reuse of such areas and established priorities for the rehabilitation reuse of such areas and established priorities for the rehabilitation or clearance and redevelopment of such areas. … It's-clearly-clearly the City would not permit a building to go in with setbacks on a-on a major arterial road such as Air Depot, but also it shows just the deteriorating aspects of the building, parking issues...." .

O'Keefe v. Dillenbeck

15 Okla. 437 · Supreme Court of Oklahoma · Sep 5, 1905

It does not even state the facts the answer tended to establish. We cannot therefore say that the exclusion of the answer was prejudicial to the plaintiff. … It removes difficulties which had before existed in the way of establishing a tax title, and at the same time it *445 works no injustice to owners of land subject to taxation.

In re S.C.

833 P.2d 1249 · Supreme Court of Oklahoma · Jul 7, 1992

Clearly, Father fits this definition. However, Section 1914 qualifies the definition of “parent” in the instance where attempt is being made to invalidate a foster placement. … The qualifying language is “from whose custody such child is removed.”

Kline v. Mueller

135 Okla. 123 · Supreme Court of Oklahoma · Jul 31, 1928

These facts presumptively established the regularity and validity of the instrument. … Furthermore, it clearly appears that plaintiff promptly brought her suit in protection of her rights upon discovery of the record of the alleged forged deed.

State Ex Rel. Oklahoma Firefighters Pension & Retirement System v. City of Spencer

237 P.3d 125 · Supreme Court of Oklahoma · Sep 29, 2009

that voluntary cessation of challenged conduct does not deprive a tribu nal of its power to conduct appellate review. 16 Moreover, the initial issue presented today-dealing with the enforcement or violation of a statute-clearly … See supra note 2 for the terms of 11 0.$.2001 § 49-135. . - According to the City, although Cummings may not be eligible to be a member of the System, he is qualified to serve as fire chief.