Case law

Boswell v. State

181 Okla. 435 · Supreme Court of Oklahoma · Dec 21, 1937

The constitutional provisions under consideration therein are identical with our constitutional provisons above quoted except as to one word which is clearly and patently immaterial. … Clausen, supra, a typical public building bond case, based upon the qualified ownership in the state, and regarded the cases as indistinguishable. Similarly, in Oregon (Moses v.

Hunter v. Murphy

124 Okla. 207 · Supreme Court of Oklahoma · Jul 13, 1926

IIuu--ter, being the duly appointed, qualified and acting executor of the will of the plaintiff, was, under the terms of the will, the proper and necessary party in whose name the action should have been revived, and the … by all the decisions of this court is that the judgment of the trial court will not be reversed unless its findings are clearly against the weight of the evidence.

SCOTT v. FOSTER

538 P.3d 1180 · Supreme Court of Oklahoma · Nov 14, 2023

Scott, filed a petition to establish paternity. Respondent, Mother, Candice J. … "Statutes of repose reflect the legislative conclusion that a point in time arrives beyond which a potential defendant should be immune from liability for past conduct." Id .

Fair School Finance Council of Oklahoma, Inc. v. State

746 P.2d 1135 · Supreme Court of Oklahoma · Nov 25, 1987

As a result, districts which otherwise would not qualify for Incentive Aid, or would qualify for only a smaller amount, receive at least the minimum amount; and districts whose need is greater may not receive more than the … Where the constitutionality of an act of the Legislature is in question, all reasonable doubt will be resolved in favor of its validity and the act will be declared constitutional unless it can be clearly demonstrated that

American Economy Insurance Co. v. Bogdahn

75 O.B.A.J. 570 · Supreme Court of Oklahoma · Feb 10, 2004

The term "family member" is qualified or limited by the phrase "If you are an individual." … Under the UM endorsement Bogdahn's son clearly does not qualify as a "family member."

Tway v. Hartman

181 Okla. 608 · Supreme Court of Oklahoma · Sep 28, 1937

In making such determination the rule is said to be, “An admission in an adversary’s pleading, to be available, must be taken with all the qualifying clauses and limitations, which the pleader has included in it. … Under the evidence in the case at bar, it was clearly proper to quote these statutes verbatim. 5.

Maney v. Boise Title & Trust Co.

136 Okla. 107 · Supreme Court of Oklahoma · Nov 27, 1928

S. 1921, provides that th'e clerk shall keep a journal, which shall clearly set out the provisions of the judgment, and section 868, C. O. … These cases seem to hold that the opinion of a properly qualified attorney as to the construction of a foreign statute is admissible in evidence.

State Ex Rel. Hayman v. State Election Board

181 Okla. 622 · Supreme Court of Oklahoma · Oct 26, 1937

Section 273 of the Constitution of Mississippi (1890) requires that “a majority of the qualified electors voting” shall be necessary to amend its Constitution. In State v. … This can clearly be done by writ of mandamus. We have demonstrated that the errors occurred merely in the process of tabulation. This is purely a ministerial duty and requires no discretion whatsoever 20 C.

In Re Anderson

932 P.2d 1110 · Supreme Court of Oklahoma · Dec 24, 1996

Section 1(A)(21) addresses three classes of interests which qualify for exemption-personal bodily injury, death or workers’ compensation. … Additionally, subsection (C) of the statute places a $5,000 exemption limit on homestead implements and tools of the trade. 12 The Oklahoma statutory language, like the language considered in Marcus , contains provisions clearly

Sooner Federal Savings & Loan Ass'n v. Smoot

66 O.B.A.J. 1233 · Supreme Court of Oklahoma · Apr 4, 1995

478-479 (1945) (a guardian's sale of ward’s land, made for purpose of paying an invalid mortgage executed by guardian and also for the maintenance, education, and support of the ward, a legitimate purpose, was valid and immune … Clearly, Westmoreland has no application here.

Sappington v. Board of Com'rs of Jefferson County

134 Okla. 253 · Supreme Court of Oklahoma · Nov 13, 1928

Sappington is the duly elected, qualified and acting county treasurer of Jefferson county, Okla., and as such is the Officer having the care and custody of the funds of the common school district of Jefferson county, Okla … S. 459 , Chief Justice Waite delivering the opinion, as follows: “According to the rule established in Brewer v.

DiMauro v. Oklahoma State Board of Medical Examiners

769 P.2d 759 · Supreme Court of Oklahoma · Feb 28, 1989

In such event, the Board action will clearly state the basis upon which such exceptions have been made and you will be notified by mail. … Today's decision affirming the Board establishes precedent for the potentially arbitrary and capricious use of authority by the Board.

Board of Com'rs of Muskogee County v. Fink

60 Okla. 67 · Supreme Court of Oklahoma · Feb 8, 1916

The land has been sold, with the assent of the state, with all its privileges and immunities. The purchaser succeeds, with the assent of the state, to all the rights of the Indians. … When the state of Ohio came into the Union, an act was passed establishing a university, vesting the lands in a corporation consisting of the president and trustees ‘‘for the sole use, benefit, and support of the university

Independent - Eastern Torpedo Co. v. Price

208 Okla. 633 · Supreme Court of Oklahoma · Mar 10, 1953

This general rule is clearly set forth in the case of American Glycerin Co. v. Eason Oil Co., 98 F. 2d 479 , and later approved in Worcester v. Pure Torpedo Co., 127 F. 2d 945 . … It is necessary to plead defenses which assume or admit the original cause of action alleged, but which are based upon subsequent facts or transactions which go to qualify or defeat it, and defenses which are analogous to

Caldwell v. Traub

172 Okla. 12 · Supreme Court of Oklahoma · Apr 23, 1935

The purpose of the section and its application, as this coxxrt now holds, is clearly expressed by the Supreme Court of Kansas, from which state said statute was adopted, as early as 1004, in the case of Shanks et al. v. … The contention of plaintiffs in error that the defendant justice refused to take action upon their application to retax costs cannot be accepted as a fact not qualified by what occurred, as appears in the excerpts from plaintiffs

In Re the Oklahoma Capitol Improvement Authority

69 O.B.A.J. 1183 · Supreme Court of Oklahoma · Mar 20, 1998

Court said: “Where a person or entity enters into a valid contract with the proper State officials and a valid appropriation has been made therefore, the State has consented to be sued and has waived its governmental immunity … The Legislature further declares that there exists a need to establish such minimal oversight to protect the public welfare of the State of Oklahoma.” .

Town of Haskell v. Edmonds

90 Okla. 44 · Supreme Court of Oklahoma · Apr 10, 1923

This court, has heretofore announced as a principle of law that a statute will not be declared unconstitutional unless its unconstitutionality is clearly established. City of Pond Creek v. … Tbe act itself provides the date the election should be held, who were qualified voters, to whom the return of the election should be made, who should canvass the ballots, and provided for issuance of the certificates of

Chapman v. Tiger

356 P.2d 571 · Supreme Court of Oklahoma · Aug 2, 1960

In other words, as to that class of heirs the restrictions are not removed but merely relaxed or qualified to the extent of sanctioning such conveyances as receive the court’s approval. … Inasmuch as it clearly appears from the record that the original judgment for plaintiff was contrary to the law and evidence, we hold that the trial court did not err in sustaining defendants’ motion for new trial.

Swanson v. Bates

202 Okla. 128 · Supreme Court of Oklahoma · Oct 25, 1949

Cook, deceased, and are not entitled to the income from said estate, as claimed by them, but that they are entitled only to such benefits out of the income from said estate as the Trustee of the trust estate established by … Ogden, and several other qualified witnesses, testified that the amount claimed was reasonable. In addition, it was stipulated that about 20 other qualified witnesses would, if permitted to testify, testify to the same.

TREAT v. STITT

481 P.3d 240 · Supreme Court of Oklahoma · Jan 26, 2021

Rather, art. 6, §8 clearly requires the Governor to act as may be prescribed by law. Any authority the Governor might have concerning gaming compacts, must be expressly prescribed by the Legislature. … The agencies headed by the above-mentioned officers and boards are clearly independent of direct control by the Governor.