Case law

State Ex Rel. Caldwell v. Hooker, County Judge

22 Okla. 712 · Supreme Court of Oklahoma · Nov 24, 1908

Section 20, art. 16, General Provisions of the Texas Constitution of 1875, provides that the Legislature shall at its first session enact a law, whereby the qualified voters of any county, justice precinct, town, or city, … It is the duty of the court to hold statutes constitutional and valid if it can consistently and reasonably be done; and, in view of this clearly established doctrine, we are of the opinion that such provision is made by

Hightower v. Kansas City Southern Railway Co.

70 P.3d 835 · Supreme Court of Oklahoma · May 6, 2003

Clearly, train speed limits are capable of being taken into account by the Secretary of Transportation in the promulgation of uniform, national speed regulations, since this is exactly what the Secretary has done in establishing … The other factors are clearly preempted by federal law, as they are clearly "capable of being adequately encompassed within uniform national standards and are already accounted for in the Secretary's regulations governing

IN THE MATTER OF THE ESTATE OF LANDING

2023 OK 117 · Supreme Court of Oklahoma · Dec 12, 2023

Enochs' Estates , 1958 OK 40 at ¶ 15 ("the person qualified must either accept the appointment for himself or waive the right absolutely"). Nomination of another has the same effect. … If, at a hearing on the matter, "the right of the applicant is established and he is competent, letters of administration must be granted to him, and the letters of the former administrator revoked." 58 O.S. § 137. ¶19 Emma

Price v. Walters

67 O.B.A.J. 1818 · Supreme Court of Oklahoma · May 21, 1996

The statement that Price “gouged consumers” is clearly a nonac-tionable “judgmental statement” which is “opinionative and not factual in nature.” Miskovsky v. … Importantly, the Restatement (Second) of Torts, § 581A, comment (f), provides: “It is not necessary to establish the literal truth of the precise statement made.

State Ex Rel. King v. Rowe

149 Okla. 240 · Supreme Court of Oklahoma · Jun 9, 1931

Judge Chappell’s place is not vacant; he is still a Judge of the Criminal Court of Appeals, duly elected and qualified. … When once Special Judge Rowe was regularly appointed and qualified, the Governor’s power was exhausted unless and until a vacancy in the office occurred in the manner provided by law.’’

Caulk v. Lowe

74 Okla. 191 · Supreme Court of Oklahoma · Nov 19, 1918

Clingan, deceased, Ott Caulk, her husband, was by the county' court of said county' appointed administrator of the said estate, and duly qualified and entered-upon his duties as such administrator. … It therefore clearly appears that the county court and district court had jurisdiction, and that the contention of proposition one is without merit. The great weight of the evidence shows that Judge K.

Durell v. Public Service Co. of Oklahoma

174 Okla. 549 · Supreme Court of Oklahoma · Nov 12, 1935

Brockman was more nearly qualified as an expert, on this matter than was Mr. Avery. … At any rate, prices at isolated forced sales, and the average sale price to be arrived at from a combination of a great number of such sales, are so clearly similar in objectionable features as to make it inadvisable for

Territory of Oklahoma Ex Rel. Riddings v. Neville

10 Okla. 79 · Supreme Court of Oklahoma · Mar 23, 1900

(General Statutes of Missouri, ch. 36,) gives the county court power to proceed under a petition of one-fourth of the voters of the county to order the question of a removal of the seat of justice to be submitted to the qualified … The Organic Act was passéd to give it a government, and it was a very thoughtful and convenient thing for congress to establish counties in these lands.

Surety Bail Bondsmen of Oklahoma, Inc. v. Insurance Commissioner

243 P.3d 1177 · Supreme Court of Oklahoma · Nov 2, 2010

These two amendments to section 1820(B) are tied to writing bonds and clearly show the Legislature's intent to limit a professional bondsman acting as a surety to writing on no more than ten defendants a year in any county … bondsman properly qualified and approved by the Insurance Commissioner; or (3) A cash bondsman; or (4) A property bondsman; or (5) A natural person who has reached the age of twenty-one (21) years, a citizen of the United

Malone v. Herndon

197 Okla. 26 · Supreme Court of Oklahoma · Mar 6, 1945

submitted to said judge are not approved, or the entire membership of the trustees becomes vacant, then and in such case, the said judge is authorized on his own motion to appoint such person or persons as he deems fit and qualified … It is also important to observe that the intention of the testator need not be declared in express terms in the will, but it is sufficient if it can be clearly inferred from the particular provisions. 28 R.C.L. 218, par.

Rex Oil Refining, Inc. v. Shirvan

443 P.2d 82 · Supreme Court of Oklahoma · Jul 9, 1968

Both plaintiff and the individual defendants devote argument to the proposition of whether or not the narrated evidence and other evidence established a mining partnership between them. … 656 , we find the following statements: “As heretofore stated by this court, the rule that an outstanding title acquired by a tenant in common is presumed to be for the common benefit is not an absolute rule, and may be qualified

Public Service Co. of Oklahoma v. Northwest Rogers County Fire Protection District

675 P.2d 134 · Supreme Court of Oklahoma · Jan 10, 1984

An attempt by the District to levy ad valorem tax in contravention of § 9 clearly would be unconstitutional. The District asserts no ad valorem tax was levied. … We deem fire protection districts established under the Act to be similar to sewer improvement districts in Arm strong.

Oklahoma Turnpike Authority v. Kitchen

337 P.2d 1081 · Supreme Court of Oklahoma · Mar 10, 1959

This contention is clearly supported by the fifth paragraph of the syllabus in Alexander v. … Its sole argument in this respect is that there was a total lack of evidence tending to establish such fact. We agree.

Seal v. Corporation Commission

725 P.2d 278 · Supreme Court of Oklahoma · Sep 9, 1986

Seal initially maintains the quoted language creates two distinct classes of owners qualified to assume the obligation — lessees in units not subject to force pooling and operators of force pooled units. … We believe the Legislature in enacting Section 545 clearly incorporated the time frame provisions of Section 540 into the gas balancing scheme.

Lewis v. Steward

204 Okla. 349 · Supreme Court of Oklahoma · Apr 10, 1951

of the trial court, so far as it awarded the plaintiffs a recovery for royalty other than the royalty on carload lots of coal, which concededly were paid to and accepted by them, is not supported by the evidence, and is clearly … We consider this contention well taken, for the reason that from the record there is no evidence establishing that the squeeze of mine No. 12 was due to the improper operation of mine No. 11.

In Re Spilman

240 P.3d 702 · Supreme Court of Oklahoma · Oct 20, 2010

Absent a valid legal mandate clearly directing expungement, we are utterly free to continue the present policy. ¶ 7 Retention of the data sought to be expunged is absolutely needed for the ongoing protection of the public … The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

Ramsey v. Persinger

43 Okla. 41 · Supreme Court of Oklahoma · May 5, 1914

That at the general election to be held in the state of South Dakota on the first Tuesday after the first Monday in November, 1896, there shall be submitted to a vote of the qualified electors of the state of South Dakota … 58, proposing to amend the Constitution by adopting an additional section providing for calling elections in any county upon petition of sixteen per cent, of the total voters, etc., whereby such county could abolish or establish

Smith v. Baptist Foundation of Oklahoma

73 O.B.A.J. 1865 · Supreme Court of Oklahoma · Jun 25, 2002

Further, the trial court found that no grounds were established for the recovery of premiums paid on certain life insurance policies purchased in conjunction with the establishment of the trust. … We need not determine whether, under different circumstances, lost premiums might qualify as consequential damages.

WOOD v. MERCEDES-BENZ OF OKLAHOMA CITY

336 P.3d 457 · Supreme Court of Oklahoma · Jul 16, 2014

This has been the common law approach ever since landlord's sovereignty and immunity for acts done within the boundaries of his land gradually gave away to present-day civil accountability. … Melvin Simon & Assoc., Inc., 1994 OK 68, ¶ 6 , 876 P.2d 239 ("It is well established that a landowner has no duty to warn of dangers that are open and obvious."); Turner v.

Aetna Accident & Liability Co. v. Langley

68 Okla. 283 · Supreme Court of Oklahoma · May 14, 1918

Langley as the guardian of the person and estate of the said minor, and he duly qualified as such. The amount adjudged to be due by the said Samuel L. … The release, in any event, then is valid only in so far as it discharged the surety from liability for subsequent defaults of the guardian, but is clearly void in so far as it purports to release from the guardian’s previous