Case law

St. Louis S. F. Ry. Co. v. Richards

23 Okla. 256 · Supreme Court of Oklahoma · Feb 23, 1909

The law will not give effect to a stipulation, if fraudulently entered into, that would grant immunity to iniquity and fraud. 9 Cyc. 474. … When reason returns to the injured, and the harm inflicted is discovered, then the asserted wrong, whether true or not, done at. the settlement, is made clearly apparent.

Bean v. Rumrill

69 Okla. 300 · Supreme Court of Oklahoma · Feb 5, 1918

This agency is so well established that it is not likely that the same could be satisfactorily disproved. … However, the note made to the defendant being usurious on its face, the plaintiffs clearly are entitled to have judgment rendered for twice the usurious interest paid on that particular note, without regard to the question

Mulinix v. Sartin

164 P.3d 137 · Supreme Court of Oklahoma · Jun 26, 2007

Holly "shall have all the rights, duties, powers, and controls over his person except as modified or qualified by the limited guardianship." T4 In the summer of 2006, Mr. … STANDARD OF REVIEW % We will reverse a guardianship order only if it is clearly against the weight of the evidence or contrary to law. Gould v. Smith, 1965 OK 112, ¶ 0 , 405 P.2d 82, 83 (syl. 2 by the Court).

State Ex Rel. Williamson v. Empire Oil Corp.

353 P.2d 130 · Supreme Court of Oklahoma · Jun 7, 1960

The title of this Act, House Bill No. 20, was: "An Act providing a revision of the corporation laws of the State of Oklahoma; establishing a business corporation code; and repealing Sections" (previous statutes governing … Under no theory do I find this section to be in conflict with Sec. 111, as this section clearly indicates that the legislature intended that the fee provision of Sec. 111, supra, be continued in force.

City of Lawton v. International Union of Police Associations, Local 24

73 O.B.A.J. 128 · Supreme Court of Oklahoma · Jan 8, 2002

October 2001 when this case stood pending on certiorari review) as to the amount of compensation (including interest) due Hart (for the period of 8 September 1996 through 23 December 2001). 8 II THE JULY 24 ORDER DOES NOT QUALIFY … The last sentence of that order clearly expresses doubt about the decision's appealable quality. 26 The text of the order states that "[to the extent this Journal Entry of Judgment is mot considered a final judgment, it is

Nelson v. Nelson

69 O.B.A.J. 452 · Supreme Court of Oklahoma · Feb 3, 1998

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with fundamental law. 14 In testing the validity of a state statute which differentiates in treatment of one class paralleled with its treatment … of another class, the statute is immune to an equal protection attack if the basis for the differentiation is neither arbitrary nor capricious, and it bears a reasonable relationship to a legitimate aim. 15 The Fourteenth

Cameron v. White

128 Okla. 251 · Supreme Court of Oklahoma · Sep 20, 1927

He qualified and filed an inventory, tvnereupon, and on December 9th, the court increased the receiver’s bond to $100,000. … In re Healy’s Estate, supra, was an application for removal, the same as here, and although the facts there were clearly insufficient to justify a removal upon the ground of conflicting interests, or otherwise, yet two of

State Ex Rel. Department of Human Services v. Eugenia T.B.

663 P.2d 1211 · Supreme Court of Oklahoma · May 3, 1983

Case law defines an `aggrieved party' as one whose pecuniary interest in the subject-matter is directly and injuriously affected or one whose right in property is either established or divested by the decision from which … The only question here is whether in exercising the power and authority he clearly had, the trial judge abused his discretion. It is my opinion that he did not.

Missouri-Kansas-Texas Railroad Co. v. State

712 P.2d 40 · Supreme Court of Oklahoma · Mar 7, 1986

Clearly, aircraft transportation would not fall within this definition of a common carrier, while a coal pipeline would. In Data Transmission Co. v. … That Applicant had established a showing of economic feasibility for the proposed pipeline. 3.

In Re Nichols' Will

64 Okla. 241 · Supreme Court of Oklahoma · Jul 10, 1917

Immediately thereafter said Fisher qualified and entered upon the discharge of his duties as administrator. … Barnett, of Shawnee, was by the county court appointed administrator of the estate with the will annexed, and duly qualified on November 20, 1914. On January 2, 1915, J.

Exchange Trust Co. v. Godfrey

128 Okla. 108 · Supreme Court of Oklahoma · Jul 26, 1927

Thorpe, 90 Okla. 191 , 203 Pac. 475 , it was held: “Every instrument purporting to be an absolute or qualified conveyance of real estate, or an interest therein, but intended to be defeasible or as security for the payment … The evidence of record clearly shows that Bertha Godfrey purchased the property in Pawnee county. The record shows that J. F.

In Re Oklahoma Bar Ass'n to Amend the Oklahoma Rules of Professional Conduct

171 P.3d 780 · Supreme Court of Oklahoma · Apr 17, 2007

The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. … The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards.

Petition of University Hospitals Authority

953 P.2d 314 · Supreme Court of Oklahoma · Jan 29, 1998

Those questions are clearly and definitely established by our fundamental law to a certainty as functions of the legislative department of the government.... There is a presumption that the act is constitutional.... … The approved Declaration of Trust shall: a. clearly state that the principal purpose of the University Hospitals Trust is to effectuate the purposes of the University Hospitals Authority as established in the University Hospitals

Kirk v. BD. OF CTY. COM'RS, MUSKOGEE CTY.

595 P.2d 1334 · Supreme Court of Oklahoma · Jun 5, 1979

I The Oklahoma Legislature pursuant to 19 O.S.Supp. 1978 § 180.62 established the basic salaries of elected county officers. … To qualify for the increases the Justices were to prepare a compilation of the laws on "civil, probate and appellate procedure." Later, in Breeden v.

Queenan v. Territory of Oklahoma

61 L.R.A. 324 · Supreme Court of Oklahoma · Sep 4, 1901

The doctrine is also well established by decisions of the supreme court of the United States that the provisions of the federal constitution relating to trial •by jury for crimes, and .to criminal prosecutions, apply to the … petit juries within their counties •or subdivisions respectively. * * *” Section 2, chapter 13, of the Session Laws of 1899, iu relation to the qualification of electors in this territory, provides as follows: “The term ‘qualified

Brader v. James

49 Okla. 734 · Supreme Court of Oklahoma · Jan 11, 1916

This intention is clearly expressed in various sections of the act, particularly in sections 19, 21, 22, and 23. … Once rightfully established and asserted, they are presumed to exist, and to continue to exist' until abandoned by express terms.

Newhouse v. Alexander

27 Okla. 46 · Supreme Court of Oklahoma · Jun 8, 1909

Tie thereupon qualified and took possession of said office and was proceeding t-o hold the same when Alexander commenced this action against him in the district court of that county, which said action is .in the nature of … Every consideration of public, policy, as well as the ordinary rules of evidence, require that the party offering this evidence should establish the fact that, the ballots are genuine.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. NICHOLS

488 P.3d 734 · Supreme Court of Oklahoma · May 25, 2021

The evidence submitted clearly shows that Respondent failed to timely notify his existing clients of his suspension in accordance with Rule 9.1, RGDP. … Though emotional, psychological, or physical disability may serve to reduce the actor's ethical culpability, it will not immunize one from imposition of disciplinary measures that are necessary to protect the public.

Oklahoma City Urban Renewal Authority v. Medical Technology & Research Authority

4 P.3d 677 · Supreme Court of Oklahoma · Apr 4, 2000

A project plan may contain a provision that the increments from certain local taxes or fees may be used to finance project costs in areas qualified under this act. … The Legislature may establish for this subsection, the same procedures and limitations authorized in subsection A of this section.

State Ex Rel. Miller v. Huser

76 Okla. 130 · Supreme Court of Oklahoma · Jul 15, 1919

of the Creek Tribe of Indians, all being of the full-blood, according to the approved rolls, and as to the lands inherited by said heirs from the deceased allottee “the restrictions are not removed, but merely relaxed or qualified … In performing that duty the Secretary of War will only execute the clearly expressed will of Congress, and will not, in any true sense, exert legislative or judicial power.