Case law

Koch Fuels, Inc. v. State Ex Rel. Oklahoma Tax Commission

64 O.B.A.J. 3276 · Supreme Court of Oklahoma · Oct 26, 1993

The fact that Burlington Northern consumed the oil outside of Oklahoma does not immunize from taxation Koch’s sale to Burlington Northern within this State. … Clearly, 68 O.S.Supp.1983 § 1359(E) discriminates against an out-of-state manufacturer who brings goods into Oklahoma and then sells those goods to a buyer who takes the goods out-of-state.

State Ex Rel. Oklahoma Bar Ass'n v. Weeks

69 O.B.A.J. 2647 · Supreme Court of Oklahoma · Jul 14, 1998

inadequate to compensate attorneys for the tremendous work required in civil rights actions and their considerable risk of not succeeding after so much time and effort is expended, making these cases much less attractive to qualified … established that the statutory fee cannot be enhanced based on the contingent nature of the attorney’s compensation.

United States v. Foreman

5 Okla. 237 · Supreme Court of Oklahoma · Feb 12, 1897

The petition, in substance, states: That on the 24th day of April, 1889, the plaintiff was a qualified entryman under .the homestead laws of the United States, and that he on that day made homestead entry on the northwest … In a court thus established, anything which the plaintiff might have been required to prove in a prescribed form before the secretary he would be appropriately required to establish by clear proof, in open court, in the presence

City of Guthrie v. Beamer

3 Okla. 652 · Supreme Court of Oklahoma · Sep 7, 1895

Albertvose et al. 20 Pac. 817, is another of the class of cases relied upon by defendants in error, but is clearly distinguishable from the case at bar. … To this condition of affairs no established rules were applicable.

Bonner v. Oklahoma Rock Corp.

64 O.B.A.J. 3098 · Supreme Court of Oklahoma · Oct 12, 1993

This provision is clearly consistent with a grant to Southwest Stone of a fee interest in the substances. … Along with the named substances, the Document clearly conveys the right to alter the surface.

Godfrey v. Iowa Land & Trust Co.

21 Okla. 293 · Supreme Court of Oklahoma · May 20, 1908

Accordingly to the well-known mode of proceeding at the land offices (established for the mutual convenience of buyer and seller), if the party is entitled by law to enter the land, the receiver gives him a certificate of … The.use of the word ‘heirs’ clearly implies that such an estate was granted as would, upon her death, descend to her legal .representatives. Here, then, are all the essential elements of a fee-simple estate.

In Re Application of Oba to Amend the Rules of Professional Conduct

2007 OK 22 · 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.

Lusk v. Phelps

71 Okla. 150 · Supreme Court of Oklahoma · Apr 9, 1918

will not ordinarily he disturbed, unless it clearly appears that the court committed an abuse of discretion *154 in admitting such testimony. … No exceptions were reserved to the instruction given toy the court, the fair effect of which placed the burden upon plaintiff to establish all the material allegations of Ms petition by a preponderance of the evidence, thereby

Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.

195 Okla. 131 · Supreme Court of Oklahoma · Feb 13, 1945

The foregoing rule is, perhaps, more clearly stated in a syllabus to the case of Kelley v. Rhoads, 7 Wyo. 237 , 51 P. 593 , 39 L.R.A. 594 , 75 Am. St. … “Of course, all of the authorities say. that more hesitation will be indulged against overruling prior opinions establishing property rights than in cases where such rights -are not established.

PURCELL v. PARKER

475 P.3d 834 · Supreme Court of Oklahoma · Oct 6, 2020

¶20 To meet the statutory requirements for notice by publication of 82 O.S. 2011 §105.11, the newspaper must qualify as a legal publication. 19 Apparently, the notice by publication was given by publication in the Purcell … Code, Title 785:20-1-2 provides in pertinent part: The following words and terms, when used in this Chapter of this Title, shall have the following meaning, unless the context clearly indicates otherwise: . . .

McSpadden v. Mahoney

402 P.2d 656 · Supreme Court of Oklahoma · Dec 15, 1964

Through Section 667, the Legislature intended only to establish the time that such an order of the trial court should take effect. In fact that is the only subject with which the quoted portion of the statute did deal. … I am now, and was at all times mentioned herein, the duly elected, qualified and acting Clerk of this Court. "2. On December 10, 1963, a member of the Bar from Vinita, Oklahoma, known to me as Richard L.

Oklahoma Coalition for Reproductive Justice v. Cline

368 P.3d 1278 · Supreme Court of Oklahoma · Feb 23, 2016

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with the Constitution. Id. … No causal relationship between the use of Mifeprex and miso-prostol and these events has been established." .

Higgins v. Brown, Judge

20 Okla. 355 · Supreme Court of Oklahoma · Mar 9, 1908

of the citizens of the United States/ ' This treaty is the law of the land, a,nd admits the inhabitants of Florida to the enjoyments of the privileges, rights, and immunities of the citizens of the United States. … consent of the Senate, should appoint and commission to serve as aforesaid, and when a vacancy should occur in the Legislative Council by death or removal from office, the House of Representatives should nominate two persons qualified

In Re Guardianship of Jackson

87 Okla. 112 · Supreme Court of Oklahoma · Dec 13, 1921

Section 11, art. 7, of the Constitution of Oklahoma provides: "There is hereby established in each county in this state a county court, which shall be a court of record . * * *" Section 12, art. 7, of the Constitution provides … Clearly, under the provisions of the above statute, the probate jurisdiction of the probate court of Okmulgee county, after the petitioner had attained her majority, had terminated, and the only probate jurisdiction, which

Wolverine Oil Co. v. Parks

79 Okla. 318 · Supreme Court of Oklahoma · Nov 4, 1919

He is denied the privilege of seeking and forcing redress by his own strong arm and compelled to resort to the established tribunals for remedy. … We are of the opinion that this evidence was clearly inadmissible. Kingsbury v. Waco State Bank (Tex. Civ. App.) 70 S. W. 551 ; Davis v. Vories (Mo.) 42 S. W. 707 ; Reed Groc. Co. v.

Allen v. Burkhart

377 P.2d 821 · Supreme Court of Oklahoma · Jan 17, 1963

On September 27, 1962, the Governor, with reference to the initiative petition involved in this case, proclaimed that (a) Question No. 408, “shall be submitted to the qualified electors * * * for their approval or rejection … 670 , in the first paragraph of the syllabus this Court said: “Our constitution vests in the Legislature the supreme power to -enact laws tó meet the needs of the State, and its acts should be upheld unless plainly and clearly

Holt v. Holt

23 Okla. 639 · Supreme Court of Oklahoma · May 12, 1909

Julier, to whom she was married in 1856, and from whom she had secured a divorce in 1888, to establish her dower right in certain lands owned during the coverture. … The relations of the parties were such that' it was the duty of the defendant to assist the plaintiff, and it clearly appears that he was amply able to perform his whole duty in that regard, and to require the plaintiff to

ANDREW v. DEPANI-SPARKES

396 P.3d 210 · Supreme Court of Oklahoma · May 16, 2017

Wedgewood Village, Inc. 32 The first statement is clearly incorrect based upon opinions since Culpepper which allow a party to invoke judicial discretion by a filing a motion to reconsider. … hospital, resolving all claims against it, on appeal we inquired into whether the claims against the hospital arose from the same transaction or occurrence as the claims against the doctors, concluding that the claims were "clearly

The City of Guthrie v. the New Vienna Bank

4 Okla. 194 · Supreme Court of Oklahoma · Jul 6, 1896

Justice Lamar in delivering the opinion of the court, said: “We cannot say, as a matter of law, that it was absurd for the framers of the constitution for this new state to plan for the establishment of its financial system … This act was clearly intended as a limitation on the power of the corporate *223 powers to become indebted.

In the Matter of Baby Boy L.

103 P.3d 1099 · Supreme Court of Oklahoma · Dec 7, 2004

; evidence; determination of damage to child 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 … Clearly the 10th Circuit questions the exception's viability as applied to the federal Act. 22 Title 10 O.S. 2001 § 7505-4.2[ 10-7505-4.2 ](C) provides: "Consent to adoption is not required from a father or putative father