Case law

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.

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.

Higgins v. Waters

60 Okla. 209 · Supreme Court of Oklahoma · Sep 12, 1916

This is an action for the purpose of establishing a trust in certain lands described in the petition. … It was well known that it had long been held by a non-citizen, there was no record or publication of any sale of the improvements, and it lay open to be filed upon by any qualified person.

Sorrels v. Jones

26 Okla. 569 · Supreme Court of Oklahoma · Jul 2, 1910

the validity of the order of cancellation instead of it being upon defendants to establish its validity, is unnecessary to be determined in this proceeding, for it is clear that such admission does not establish that -he … Defendants did not undertake to pursue this course, either in their effort to establish a defense to plaintiff’s petition, or to establish a right to affirmative relief under their cross-petition, but *582 have relied throughout

Assessment of Real Property of Integris Realty Corp. v. Oklahoma County Board of Tax Roll Corrections & Mike Means

58 P.3d 200 · Supreme Court of Oklahoma · Nov 7, 2002

This clearly comports with what the framers sought to accomplish. … County Equalization and Excise Bd., 1976 OK 159 , 559 P.2d 1224 , to support the proposition that a property which produces income is incapable of qualifying for an art. 10, § 6 tax exemption.

A-Plus Janitorial & Carpet Cleaning v. the Employers' Workers' Compensation Ass'n

68 O.B.A.J. 1266 · Supreme Court of Oklahoma · Apr 8, 1997

matter, Federal Rule 18(a) must be read in conjunction with Federal Rule 42(b), 42 which gives the court broad discretion to order separate trials of claims or issues. 43 Courts generally order separate trials only when clearly … A Hohfeldian plaintiff is a legal entity seeking a judicial determination that it has "a right, a privilege, an immunity or a power” vis-a-vis the opposite party in litigation.

Durkee v. Hazan

39 O.B.A.J. 1205 · Supreme Court of Oklahoma · Jun 25, 1968

The lease in question was the subject of examination and testimony by a highly qualified examiner of questioned documents, who testified as an expert. … A survey then was made which established location of this well to be on the E/2NW/4.

BEASON v. I. E. MILLER SERVICES, INC.

441 P.3d 1107 · Supreme Court of Oklahoma · Apr 23, 2019

Cases of this nature-as well as cases to compensate for death resulting from work-related injuries-involve public-policy interests, like sovereign immunity and the "Grand Bargain" of the workers' compensation system, that … III. ¶ 19 In conclusion, special acts "create preferences and establish inequality." Reynolds , 1988 OK 88 , ¶ 19, 760 P.2d at 823 .

Missouri, K. & T. R. Co. v. Zuber

76 Okla. 146 · Supreme Court of Oklahoma · Oct 7, 1919

“We see no warrant for holding that the term ‘gross negligence’ as used therein was intended to mean other than the ‘gross negligence’ defined in section 17 of the same act •‘to establish a Civil Code,’ which wts simply ‘ … For such unavoidable accidents as .will happen to the best managed railroad trains, this agreement would be a perfect immunity to the company.” To the same effect see Toledo Wab. & W. R. Co. v.

Payne v. Parsons

97 Okla. 168 · Supreme Court of Oklahoma · Sep 18, 1923

Evidently they were not so advised, and we think that such conduct on the part of the employes of the defendant clearly constitutes negligence. … And further complains that the evidence of the witnesses Parsons and Parker was improperly submitted to the jury for the reason that said witnesses were not properly qualified to testify as to the value of the cattle and

Fent v. Oklahoma Nat. Gas, a Div. of Oneok

65 O.B.A.J. 3215 · Supreme Court of Oklahoma · Oct 4, 1994

In short, our examination is limited to instruments which qualify for inclusion in the judgment roll. 11 . The term "record proper” is synonymous with "common-law record" and "judgment roll". See Rodgers v. … Pursuant to Rule 6a, ONG was clearly responsible for the maintenance of the gas pipeline from its easement to the output side of the pipeline coming from the meter in [the Fents] basement.

Walker v. OAK CLIFF VOLUNTEER FIRE PROT.

807 P.2d 762 · Supreme Court of Oklahoma · Mar 27, 1990

FACTS On December 14, 1982, a special election was held to establish a fire protection district. … All persons resident of such proposed district, who are qualified electors in their respective precincts, shall be qualified to vote on such proposition." [2] Title 26 O.S.1981 § 8-109 provides in pertinent part: "...

Willoughby v. Fidelity & Deposit Co.

16 Okla. 546 · Supreme Court of Oklahoma · Feb 15, 1906

Tbe representations made in the declaration on which the cashier’s bond was issued were clearly misrepresentations. … Entertaining the views that we do, we think that the plaintiff clearly failed to establish facts sufficient to entitle *562 him to recover, and that the demurrer to the evidence was well taken, and properly sustained.

Mooney v. Mooney

70 P.3d 872 · Supreme Court of Oklahoma · May 20, 2003

The trial court's evaluation of the building in that sum was clearly contrary to the clear weight of the evidence. $39 Jerry asks us to adopt Jack's value of $80,000, but disregard Jack's statement that Jerry would be better … "Appurtenances," unless otherwise qualified, means "all improvements and every right of whatever character pertaining to the premises described." 16 0.S$.2001 § 14. See, eg., Anthony v.

Cameron, Superintendent v. Parker

2 Okla. 277 · Supreme Court of Oklahoma · Feb 23, 1894

A judgment of ouster against respondent, and in favor of appellant, would not put him (appellant) in possession of the records of the office to which such judgment would establish his title. … The respondent's title to hold till his successor is elected and qualified is not in question. "If the view we have taken is correct, the relator, if he has a certificate and has qualified, is prima facie the clerk.

Exchange Trust Co. v. Oklahoma State Bank of Ada

126 Okla. 193 · Supreme Court of Oklahoma · Jun 28, 1927

The receiver must qualify, proceed with the discharge of his duties, ask and receive directions from the court, make his final report, and secure an order of discharge to be relieved from his duties'. … established the insufficiency of the value of the property to discharge the mortgage debt of the Exchange.

In re Oklahoma Capitol Improvement Authority for Approval of $50 Million Oklahoma Capitol Improvement Authority State Regents for Higher Education Endowed Chairs Funding Program Bonds, Taxable Series 2004

130 P.3d 232 · Supreme Court of Oklahoma · Dec 13, 2005

The statutes establishing the Authority empower it to do certain things. 73 O.S.2001 & Supp.2004 §§ 151-332. … Here, the Legislature clearly intended to permit the Regents to use both the bond proceeds and income to retire the bonds if necessary.

American Body & Trailer Co. v. Higgins

195 Okla. 349 · Supreme Court of Oklahoma · Nov 28, 1944

S. 1941, providing that “. . . action must be brought in the county in which defendant or some one of the defendants resides or may be summoned, ...” as qualified by section 134 of same title to the effect such action against … Simpson, 187 Okla. 274 , 102 P. 2d 844 , and other cases to establish the rule that delivery of check does not operate as payment unless accepted as such and when not so accepted the payment is effected at and when honored

Jackson v. Independent School District No. 16

648 P.2d 26 · Supreme Court of Oklahoma · Jun 8, 1982

I The teacher does not seek a review on the merits of cause for dismissal, rather her appeal is limited to a very narrow procedural perspective. 4 The teacher asserts that 70 O.S.Supp.1977 § 6-103.2 establishes as conditions … Had the Legislature intended that the admonishment statute § 6-103.2 be employed as a condition precedent to nonreem-ployment, this intention would have been clearly expressed in the statute.

Brennan v. Shanks

24 Okla. 563 · Supreme Court of Oklahoma · Jul 13, 1909

Such an action clearly comes under the provisions of section 5087, Wilson’s Rev. & Ann. St. 1903 (chapter 67, art. 13, § 160, Code Civ. … Jackson, 6 Okla. 751 , 52 Pac. 406 ), the Supreme Court of the Dnited States said: “And We cannot find that that court has in any case withdrawn or qualified the ruling that an entryman, out of possession and having a decision