Case law

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.” .

State Ex Rel. Mothersead v. Dyer

126 Okla. 260 · Supreme Court of Oklahoma · Sep 13, 1927

The absurdity of this contention may be clearly seen by re’membering that these attorneys took this note for the purpose of collection. … Plaintiff in his brief says also that the holding of the trial court in this case established the defendants as preferred creditors of the insolvent bank.

Croxton v. State

186 Okla. 249 · Supreme Court of Oklahoma · Nov 21, 1939

They say that if these classes of owners are considered, the number consenting to 20-acre spacing, according to the evidence, clearly falls short of 80 per cent, of the total. … bond in the penal sum equaling said estimated cost, payable to the parties who shall have agreed to contribute to the cost of said well, as herein provided, duly signed by the principal and a responsible surety company qualified

Reaves v. Reaves

15 Okla. 240 · Supreme Court of Oklahoma · Jun 7, 1905

Haggin, 35 Nebraska, 375, it appears that the defendant took the plaintiff into the state of Kansas, before a person who pretended to be but was not a qualified clergyman, and had a fraudulent ceremony of marriage performed … But a different rule was established for the future by that council. in their decree of Novvember 11th, 1563.

Higbee v. Owens

155 Okla. 93 · Supreme Court of Oklahoma · Dec 22, 1931

The defendant does cite cases holding that the burden is upon a plaintiff to prove that a communication made upon an occasion of qualified or conditional privilege is malicious, but those cases hold to the common-law rule … If the testimony established that the defamatory matter was bona fide believed to be true from reasonable cause and the occasion was employed from a proper motive, then the publication was privileged, and such privilege afforded

Stephen v. Stephen

68 O.B.A.J. 1456 · Supreme Court of Oklahoma · Apr 22, 1997

We find the evidence does not establish that Lynn Martin's home schooling of her two boys adversely affected their best interests. … Clearly, there was evidence to support the trial court's ruling. The record shows that the children were bright, but were being slowed by the teacher.

Fields v. Volkswagen of America, Inc.

555 P.2d 48 · Supreme Court of Oklahoma · Jul 27, 1976

Where plaintiff’s theory does not depend upon the defect described in the letter the recall evidence is clearly irrelevant. … The Texas court recog *61 nized the great latitude allowed counsel in discussing evidence and issues but qualified the privilege by saying that he must remain within the record.

In Re Initiative Petition No. 27 of Oklahoma City

74 O.B.A.J. 3490 · Supreme Court of Oklahoma · Dec 9, 2003

Merrill, supra, that clearly hold otherwise. … A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector.

Roxana Petroleum Corp. v. City of Pawnee

155 Okla. 141 · Supreme Court of Oklahoma · Jul 14, 1931

This rule could have no application in cases such as this for the reason that the market value could not be established. … Clearly, under the contract, defendants were entitled to the credit of this $40,000.

State Ex Rel. Department of Transportation v. Pile

603 P.2d 337 · Supreme Court of Oklahoma · Nov 13, 1979

The definitions clearly refer to what is generally thought of as commercial advertising. … Roadside advertising in scenic areas is detrimental to the appearance of these areas and is inconsistent with the purpose for which these areas were established."

SHEPARD v. OKLAHOMA DEPARTMENT OF CORRECTIONS

2015 OK 8 · Supreme Court of Oklahoma · Feb 24, 2015

We then stated that "The claimant is clearly entitled to another hearing (before the trial tribunal) of her claim and to an opportunity to replace the flawed report with one that is admissible and has probative value." … Oklahoma Tax Commission , 2014 OK 31, ¶ 10, 339 P.3d 848, 852 ("In considering a statute's constitutionality, courts are guided by well-established principles and a heavy burden is cast on those challenging a legislative

Huston v. City of Miami

98 Okla. 35 · Supreme Court of Oklahoma · Mar 4, 1924

Poe, and Asa Clevenger are the duly elected, qualified, and acting trustees of the J. B. McPherson Post No. 48. … The rule -of law to be applied here is that, in an equity case, the judgment and findings of the lower court must be sustained if not clearly against the weight of the evidence.

Bernal v. Charter County Mutual Insurance Co.

209 P.3d 309 · Supreme Court of Oklahoma · May 12, 2009

OKLAHOMA CHOICE-OF-LAW RULES ¶ 12 The application of choice-of-law rules among the various states continues to evolve. 19 Oklahoma has not been immune to a progression of mutations. 20 The state currently applies different … A second exception to the lex loci contractus rule has been established for those cases that deal with the sale of goods under the Uniform Commercial Code. Ysbrand v.

Warkentin v. Kleinwachter

166 Okla. 218 · Supreme Court of Oklahoma · Nov 21, 1933

For instance, the testimony of complainant, Warkentin, clearly shows that he not only refused to discharge the attachment and surrender the possession of the car to Earl Evans until Evans’ indebtedness to him had been paid … does not establish the basis for disciplinary measures.

Chrysler Corporation v. Walter E. Allen, Inc.

375 P.2d 878 · Supreme Court of Oklahoma · Sep 18, 1962

A “Third Amended Answer and Cross Petition” they filed in January, 1959, contained a qualified general denial, together with a special denial that the account plaintiff was suing on was due at the time this action was filed … But we cannot say there was so clearly a lack of denial — as to the amount of such balance — that the trial court manifestly erred, or abused his discretion, in granting such a new trial as would afford an opportunity for

Willow Wind, Inc. v. City of Midwest City

790 P.2d 1067 · Supreme Court of Oklahoma · Dec 26, 1989

. § 27 Any incorporated city or town in this State may, by a majority of the qualified property tax paying voters of such city or town, voting at an election to be held for that purpose, be allowed to become indebted in a … They clearly reveal that *1072 the city’s only obligation is reimbursement of ninety percent of any amount collected from subsequent developers, if any.

DONALDSON v. CITY OF EL RENO

2025 OK 9 · Supreme Court of Oklahoma · Feb 4, 2025

established." … The constitutionality of a statute will be upheld unless it is clearly inconsistent with the constitution.

Marathon Battery Company v. Kilpatrick

418 P.2d 900 · Supreme Court of Oklahoma · Dec 28, 1965

The Court further stated: “ * * * Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. … Defendants’ case was built around the testimony of four qualified experts having special knowledge, both of the component materials and parts and the construction of such batteries.

Rollings v. Thermodyne Industries, Inc.

67 O.B.A.J. 399 · Supreme Court of Oklahoma · Jan 23, 1996

Further, we have held that Section 6's protection does not require that the government waive all immunity in order to allow suits to proceed to court. Griggs v. State ex rel. … The prudential bar of restraint demands that when, as here, legal relief clearly is affordable upon alternate grounds — which rest upon a firmly established principle of federal law — consideration of an unsettled state constitutional

INDEPENDENT SCHOOL DISTRICT 52 v. HOFMEISTER

2020 OK 56 · Supreme Court of Oklahoma · Jun 23, 2020

Section 18-118 clearly requires the State Auditor and Inspector shall "approve" the auditor. … In order to do so it was necessary to establish a terminal date upon the effectiveness of prior appropriations.