Case law

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

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.

Osage & Oklahoma Co. v. Millard, Co.

45 Okla. 334 · Supreme Court of Oklahoma · Jan 9, 1915

Rep. 128 , it is said: “In our inquiries into the nature and limits of legislative power, as affecting this subject, we are not disposed to controvert or materially qualify the principle so emphatically enunciated by this … We are concerned only to ascertain clearly what the right is, and, having ascertained it, to maintain it inflexibly.”

In Re County Com'rs of Counties Comprising Seventh Judicial Dist.

22 Okla. 435 · Supreme Court of Oklahoma · Nov 11, 1908

are clearly understood, and arc twofold. … The former establishes a rule regulating and governing in matters or transactions occurring after its passage.

In re Amendments to the Oklahoma Uniform Jury Instructions for Juvenile Cases

291 P.3d 166 · Supreme Court of Oklahoma · Mar 24, 2011

."); In re K.C., 2002 OK CIV APP 58 , ¶ 20, 46 P.3d 1289 , 1294 (reversing termination order because the State did not clearly and convincingly show that the parent posed a harm to the children or that termination was in … It does not include an unwed father where paternity has not been acknowledged or established."

IN THE MATTER OF THE REINSTATEMENT OF KERR

2015 OK 9 · Supreme Court of Oklahoma · Mar 3, 2015

There was consistent testimony that Kerr is better qualified now as an attorney than when he graduated from law school. ¶18 The evidence reflects that Kerr has not engaged in any activity as an attorney since the date of … I am not the selfish person and the arrogant person that I obviously was in 2007 when I committed that act because I clearly didn't think about ramifications outside of myself because I put my family, my wife, my two kids

Forbes v. Becker

150 Okla. 281 · Supreme Court of Oklahoma · May 26, 1931

of another string, in which the partnership agreement permitted the plaintiff later to purchase a half interest for $2,000, the partnership, the plaintiff said, to be permitted to use them without hire, but the defendant qualified … Sherry, he put into operation what seems clearly to have been a plan to withdraw from the partnership at the earliest opportunity, and -to do it after getting as heavy advances as possible, and without regard to the financial

First National Bank of Healdton v. Dunlap

122 Okla. 288 · Supreme Court of Oklahoma · Mar 22, 1927

But. with respect to such oil and gas, he had certain rights in or qualified ownership thereof which may be more accurately stated as an exclusive right, subject to legislative control against waste and the like, to erect … I do not contend, of course, that the words “land” or “real estate” or “premises” are synonymous with tenements, hereditaments, or appurtenances, but th'e foregoing statutes, in my opinion, clearly provide that the words

Southern Corrections Systems Inc. v. Union City Public Schools

73 O.B.A.J. 3571 · Supreme Court of Oklahoma · Nov 26, 2002

Clearly, the parties contemplated and intended that the school district would not recoup a double payment from Southern and from the State for the educational services it provided. ¶ 16 Funding for public education through … appropriations made by the Legislature for this purpose and from funds derived from other sources provided by law for this purpose, to the several school districts of the state, such sums of money as each school district may be qualified

Thompson v. Smith

102 Okla. 150 · Supreme Court of Oklahoma · Dec 11, 1923

counsel for the plaintiffs in his brief c ontends that the case was one of purely equitable cognizance and that the rule to be applied in weighing the testimony is as to whether the findings and judgment of the court are clearly … The rule is well established in this jurisdiction that if the findings of fact made by the trial court are reasonably supported by the evidence, the'judgment entered thereupon will not be disturbed on appeal in this court

Neer v. State Ex Rel. Oklahoma Tax Commission

982 P.2d 1071 · Supreme Court of Oklahoma · Jun 4, 1999

. § 1362 (West 1988), as amended], a State of New York professional corporation (corporation), not domesticated in Oklahoma. 4 During his years living and *1074 working in New York, the corporation established and funded … In 1995, approximately thirteen states, including New York, had tax code provisions authorizing the taxation of former residents who received qualified pension plan distributions derived from employment within the state.

Tiger v. Lozier

124 Okla. 260 · Supreme Court of Oklahoma · Apr 26, 1927

. * * * It is not an uncommon practice for the attorneys of the respective parties to formulate such findings as they desire to have made, leaving the court to adopt them, or such of them as in its judgment have been established … 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.

Estate of Pigeon v. Stevens

81 Okla. 180 · Supreme Court of Oklahoma · Apr 5, 1921

No exemption is clearly shown by the legislation in respect to these Indian lands. … Therefore, it was properly held that the descent and distribution of said estate was governed by the law as found in chapter 49 of Mansfield’s Digest, as qualified by the provisos of the Creek Treaty of June 30, 1902.

Ball v. Wilshire Insurance Co.

221 P.3d 717 · Supreme Court of Oklahoma · Jun 16, 2009

Liability Insurance Law while refraining from unduly interfering with the parties' freedom to contract, which can be restricted only in the name of articulated public policy. 37 {19 Oklahoma's decisional law is by now firmly established … coverage solely because of their status as passengers may not stack UM coverage under separate policies purchased by the owner of the involved vehicle for his or her other vehicle or vehicles unless those passengers also qualify

Clay v. Independent School District No. 1 of Tulsa County

68 O.B.A.J. 559 · Supreme Court of Oklahoma · Feb 18, 1997

Clearly, § 26 does not include the Assessor’s revaluation costs, since indebtedness created by § 26 requires a vote of the people for that purpose, and payment of the revaluation costs is not made by such an election. 1 The … We also said in Muskogee that excluding a legitimate government expense item from a city’s budget could not immunize the city from liability for a validly incurred obligation. Id. 820 P.2d at 809-810 .

Federal Surety Co. v. Little

156 Okla. 75 · Supreme Court of Oklahoma · Oct 13, 1931

The evidence failed to establish that Little discharged Gosdin Brothers- or took charge of said building until after Gosdin Brothers had abandoned said work, without notice to Little, and failed and refused to carry out their … After the trial court felt that he was disqualified in this case, it was his duty to set aside his judgment and permit the parties to try their case before a qualified court.

St. Louis S. F. R. Co. v. Sutton

29 Okla. 553 · Supreme Court of Oklahoma · Feb 28, 1911

The qualifying words do not change the rights of the parties under the charter. … State, cited in the main opinion, we repeat: “When such a point in the business of the road is reached, the right of the general public comes clearly into view and it is not for the railroad, but for the commission, to determine

Sommer v. Sommer

947 P.2d 512 · Supreme Court of Oklahoma · Oct 20, 1997

The Legislature clearly anticipated that support payments could be reduced to a judgment since it provided that: “An arrearage in payments of support reduced to judgment may be a lien against the real property of the person … The courts have a duty to provide an effective, realistic means for enforcing a support order, or the parent or former spouse for all practical purposes becomes immune from an order for support.

Roxana Petroleum Corp. v. Hornberger

150 Okla. 257 · Supreme Court of Oklahoma · Jun 16, 1931

Most clearly not. … The decision is clearly based (mi the proposition that, when application is made to the Commission to establish the injury, as well as to establish the extent of it, if for any reason relief is denied the claimant, that is

Mitchell v. Tulsa Water, Light, Heat & Power Co.

21 Okla. 243 · Supreme Court of Oklahoma · May 15, 1908

was intended by the parties, and if not' directly expressed in the ordinance it was inadvertently omitted; but no rule is better settled by the courts than the principle that all grants which are against the state must be clearly … By the Constitution of Ohio, adopted in 1851, it was declared that no special privilege or immunity shall ever be granted that may not be altered, revoked, *261 or repealed by the General Assembly.