Case law

EOG Resources Marketing, Inc. v. Oklahoma State Board of Equalization

196 P.3d 511 · Supreme Court of Oklahoma · Oct 24, 2008

Const. art. 9, § 84 clearly sets out the criteria for determining which entities are public service corporations. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor

Oxley v. City of Tulsa Ex Rel. Tulsa Airport Authority

794 P.2d 742 · Supreme Court of Oklahoma · Jul 3, 1990

Appraisers were again sent to establish a value for the property. … A prioritization plan was still established. As residential land, the appellant's property continued to have the highest priority.

Kirby v. Jean's Plumbing Heat & Air

222 P.3d 21 · Supreme Court of Oklahoma · Sep 22, 2009

to identify a specific theory of recovery nor to set out the correct remedy or relief to which he (or she) may be entitled. 9 A motion to dismiss should be denied if relief is possible under any set of facts which can be established … The statute of limitations clearly extinguished the plaintiff's remedy. Kirby urged that the discovery rule should be allowed to enlarge the period of limitations in § 95.

SPENCER v. WYRICK

392 P.3d 290 · Supreme Court of Oklahoma · Mar 7, 2017

This proceeding is clearly a collateral attack by a private individual and is not permitted. ¶3 This Court possesses original jurisdiction to issue writs of quo warranto per 12 O.S. 2011 § 1532 and to issue writs of prohibition … At the conclusion of this stage, the Commission nominates the three applicants it has determined to be best qualified. ¶6 The second stage of the constitutional selection process is conducted by the Governor.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WEIGEL

321 P.3d 168 · Supreme Court of Oklahoma · Feb 4, 2014

It is our responsibility to examine the record and assess the credibility and weight of the evidence in order to determine whether it clearly and convincingly establishes professional misconduct by the attorney and, if so … A violation of Rule 1.15(a) is established by the Respondent's failure to hold his clients' property separate from his own property.

State Ex Rel. Haskell v. Huston

21 Okla. 782 · Supreme Court of Oklahoma · Aug 29, 1908

for the territory of Oklahoma an Attorney General who shall be appointed by the Governor by and with the consent of .the legislative counsel, who shall hold his office two years and until his successor is appointed and qualified … It is useless to cite further authority in support of so well established a doctrine.

OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION v. POTTS

414 P.3d 351 · Supreme Court of Oklahoma · Mar 19, 2018

Accordingly, Opponents in this matter bear the burden of demonstrating the proposed initiative petition is clearly and manifestly unconstitutional. … and maintaining public libraries "upon petition initiated by not less than ten percent (10%) of the qualified electors of the county"); id. art.

Welch v. Focht

67 Okla. 275 · Supreme Court of Oklahoma · Feb 12, 1918

The distinction between jurisdiction and the exercise of jurisdiction was clearly defined by this court in an opinion by Mr. Chief Justice Sharp in the case of National Surety Co. et al. v. S. H. … We quote from the opinion: “It is well established that, when a court has jurisdiction of 'the subject-matter and of the parties in an action, the orders and judgment of the court are not void on account of mere defects in

State Ex Rel. Attorney General v. Martin

125 Okla. 51 · Supreme Court of Oklahoma · May 21, 1927

and conclusively established. … “The acts charged against Judge Monroe would, if true, clearly constitute misuse of his judicial office and misconduct in office.

Chris Well Servicing Co. v. Coryell

435 P.2d 610 · Supreme Court of Oklahoma · Nov 21, 1967

“Such construction should only be adopted where the Legislature has clearly expressed its intention.” … I am of the firm opinion that the foregoing authorities establish that a domestic corporation may be subjected to suit as reasonably may be provided by its creator, the State, speaking through its Legislature; that Kansas

O'Neil Engineering Co. v. Incorporated Town of Ryan

32 Okla. 738 · Supreme Court of Oklahoma · May 14, 1912

And further: “No one idea stands out more clearly than that barriers should be erected against. the creation of municipal indebtedness.” … In that case' an act #of the Legislature authorized the appointment of commissioners to lay out and establish public roads and streets.

In Re Adoption of G.D.J.

261 P.3d 1159 · Supreme Court of Oklahoma · Sep 20, 2011

regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the minor child, and further that she has not exercised her parental rights and responsibilities are clearly … No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence, beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued

CHILDERS v. ARROWOOD

2023 OK 74 · Supreme Court of Oklahoma · Jun 20, 2023

However, the deliberate use of the plural "ways" indicates the Legislature intended for a private person to establish as many ways as are necessary for the effective use and reasonable enjoyment of property. ¶18 In light … Even in the case of remote recreational properties, where access has traditionally been by water, implication of servitudes for land access is justified, unless the parties clearly intended to deprive the property of land

City Nat. Bank of Duncan v. Soderberg

171 Okla. 369 · Supreme Court of Oklahoma · Jan 14, 1935

established. * * * The bank retained all its rights in the division wall which are not inconsistent with the enjoyment of the easement. … Loyd from her husband, it appears to be the uniform ruling of the courts that she was entitled to claim the immunity of a purchaser without notice.

Brashier v. Farmers Ins. Co., Inc.

67 O.B.A.J. 2338 · Supreme Court of Oklahoma · Jul 16, 1996

[2] Are the proceeds of UM indemnity to be treated in law as a *23 personal injury recovery, which qualifies them for 12 O.S.1991 § 727 [3] prejudgment interest? … The facts here are clearly distinguishable.

Brooks v. Creger

135 Okla. 77 · Supreme Court of Oklahoma · Jan 29, 1929

The principal reason for the importance attached to these proceedings is that these instruments are designed to vary and almost entirely supersede the established laws of descent and succession of property. … On cross-examination he qualified a considerable portion of his testimony relative to nearly every essential point. His testimony was indefinite and evasive.

Southern Surety Co. v. Burney

34 Okla. 552 · Supreme Court of Oklahoma · Sep 12, 1912

Burney had been appointed in his stead, and had qualified as such, and at the time of the bringing of this suit was acting in that capacity; that by virtue of the judgment of the district court ordering Ellington to pay the … Upon their principal’s failure to obey the orders of the court, there is clearly a breach of the bond.

Chicago, R. I. & P. Ry. Co. v. State

90 Okla. 173 · Supreme Court of Oklahoma · May 15, 1923

p,- the power of the state, through its agency, the Corporation Commission, to. require railroáds to construct and maintain 'adequate depots, or, if necessary, union depots, was -settled and established by a long line of … The natural and appropriate, office of a proviso being to restrain or qualify som.e preceding matter, it should be confined to what precedes it, unless it clearly appears to-have been intended to apply to some other matter

Ysbrand v. DaimlerChrysler Corp.

74 O.B.A.J. 725 · Supreme Court of Oklahoma · Feb 25, 2003

"An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence." Patel v. OMH Med. Cir. Inc., 1999 OK 33 , 987 P.2d 1185, 1194 . … The Act, however, expressly provides that compliance with its provisions does not immunize a manufacturer from lability under common law or for warranty claims. 49 U.S.C. § 80108 . 123 DaimlerChrysler also argues that, without

Rogers v. Worthan

465 P.2d 431 · Supreme Court of Oklahoma · Feb 10, 1970

(Okl., 1961), 366 P.2d 400 , wherein it is held: “Where the plaintiff’s case rests upon the testimony of a witness whose further examination so explains or qualifies his *435 prior testimony as to leave the fact to which … Clearly, the mother in the Venable case had not been dependent, to any extent whatsoever, upon the deceased child, but she was allowed to recover for pecuniary loss to the extent of $10,000.00.