Case law

Empire Oil & Refining Co. v. Fields

188 Okla. 666 · Supreme Court of Oklahoma · Nov 26, 1940

There are certain undisputed facts which appear to be substantially the same as those recited in the former opinion as having been established in the first trial. … The statement made is one of common knowledge, which the jury would know anyhow, and it is so qualified that we fail to see how any prejudice could have resulted therefrom.

Edwards v. Thrash

26 Okla. 472 · Supreme Court of Oklahoma · May 31, 1910

Besides, it is suggested that, where such a qualified fee in the city as we are now considering exists; The re-versionary right of the owner of the fee in the surface -of the street is too remote and contingent to be of any … All the courts seem to hold that,- under such constitutional provisions, consequential damages arising from the change of an established grade may be recovered by the abutting owner.

Keel v. Wright

66 O.B.A.J. 868 · Supreme Court of Oklahoma · Mar 7, 1995

Thus if we use the date of notice established by counsel's affidavit, May 20 is thirty-one days after April 19, 1993. … However, the section clearly tells us that after October 1, 1993 a motion for costs, attorney's fees, or interest as well as any decision on such motions shall not affect the time to appeal.

Frensley v. Frensley

177 Okla. 221 · Supreme Court of Oklahoma · May 12, 1936

The trial court in this ease determined as a matter of law, and we think rightly, that the rule established in the cases above mentioned has no specific application to the case at bar for the reason that the alimony awarded … The trusts in favor of the daughters for their respective lives were so qualified.

Application of Oklahoma Educational Television Authority

272 P.2d 1027 · Supreme Court of Oklahoma · Jul 9, 1954

Every word employed in the constitution is to be expounded in its plain, obvious, and common sense, unless tlie context furnishes some ground to control, qualify, or enlarge it. … The bonded debt is clearly made a debt against an existing permanent fund of the state and1 its future revenues.

OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION v. POTTS

2018 OK 24 · 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.

Thomas v. E-Z Mart Stores, Inc.

75 O.B.A.J. 2972 · Supreme Court of Oklahoma · Nov 2, 2004

This primary liability is not the result of fault, but a matter of allocation of risk, which is established by law. Burke v. Webb Boats, Inc., 2001 OK 83 , 37 P.3d 811 . … None of the steps the defendant's lawyer took qualifies here as a substitute for, or functional equivalent of, a required evidentiary proffer.

Columbia Bank & Trust Co. v. United States Fidelity & Guaranty Co.

33 Okla. 535 · Supreme Court of Oklahoma · Apr 9, 1912

The defendant in error, in signing the bond, made an undertaking which embraced as clearly the sections of the statute we have quoted as if the same had been in words expressed therein. … In the case at bar, both the default and the amount are conceded, and, this being so, the unconditional liability of the defendant in error is clearly established.

CROWNOVER v. KEEL

357 P.3d 470 · Supreme Court of Oklahoma · May 26, 2015

STANDARD OF REVIEW {11 A moving party is entitled to summary judgment as a matter of law only when the pleadings, affidavits, depositions, admissions, or other evidentiary materials establish that no genuine issue of material … Crownover, TTEE, whereas the property was clearly held in the name of Vernon L. Crown-over.

Missouri, O. & G. Ry. Co. v. Lee

73 Okla. 165 · Supreme Court of Oklahoma · Oct 1, 1918

Ferris are the duly appointed, qualified, and acting receivers for said corporation, and as such receivers were ini charge of and operating said road on the 21st day of February, 1916; that on the 21st day of February, 1916 … To complicate the question by another conjecture as to her expectation of survivorship would add further uncertainty to the result without being so clearly, demanded by reason or justice as to be imperative or even advisable

State Bar of Oklahoma v. McGhee

148 Okla. 219 · Supreme Court of Oklahoma · Apr 21, 1931

The presumption is that the makers of the Constitution meant something when they put in the qualifying word “properly” before the word “belonging,” and it means more than if the general language had been used prohibiting … The Constitution most clearly recognizes in the case of the Corporation *229 Commission, and the powers conferred, the necessity, in the modern complex of society, of carrying on a great many things by agents,' who exercise

Board of Ed. of Town of Owasso v. Short

89 Okla. 2 · Supreme Court of Oklahoma · Mar 13, 1923

issuance of said bonds, including the petition for the election, minutes of the ’board of education for the purpose of considering said, petition, the-enumeration of said school district, which included a list of all the Qualified … We do not think that this or other authorities cited by plaintiff in error establish the principle contended for.

Pettis v. Johnston

78 Okla. 277 · Supreme Court of Oklahoma · Jun 1, 1920

(Va.) 629, states the reasoning of that line of decisions about as clearly as any we have examined. … Courts were made primarily for plaintiffs, and not for defendants, and in a certain qualified sense the plaintiff is sponsor for the errors and irregularities committed by a court acting as his agent to enforce his rights

City of Tulsa v. Public Employees Relations Board

845 P.2d 872 · Supreme Court of Oklahoma · Nov 2, 1990

Both agreements, executed on July 1, 1984, provided for Satisfactory Performance Increases (SPIs), the term used for merit increases in compensation over and above ordinary wages provided to those who qualified on their hiring … Within the limitations prescribed by the Constitution, it was clearly the intent of the framers ... to delegate local self-government to cities under a charter form of government in a larger measure and to a greater extent

ARKANSAS LOUISIANA GAS COMPANY v. Evans

397 P.2d 505 · Supreme Court of Oklahoma · Nov 24, 1964

As to that testimony we *511 said what the witness observed about the deceased's appearance and demeanor was proper and clearly not hearsay, and that any usual and natural spontaneous expressions of pain made in the witness … Measured by these definitions, the statements by the deceased workman made in answer to his daughter's inquiry cannot, strictly speaking, qualify as spontaneous in nature.

Sublett v. City of Tulsa

405 P.2d 185 · Supreme Court of Oklahoma · Jun 8, 1965

Other states permit *194 establishment of public corporations to conduct industrial development programs. … Moreover, the statutory authorization for establishment of port authorities (82 O.S.

R. C. Jones Cotton Co. v. State

139 Okla. 212 · Supreme Court of Oklahoma · Nov 5, 1929

Brown, the duly appointed, qualified, and acting tax ferret of Payne county, Okla., who claims that he has discovered certain properties belonging to the said R. C. … Bray, 55 Okla. 446 , 155 Pac. 226 , this court in the first and second paragraphs of the syllabus said: “Only such actual damages may be recovered as are established by the proof of facts from which they may be rationally

Messenger v. Messenger

63 O.B.A.J. 532 · Supreme Court of Oklahoma · Feb 18, 1992

This ruling the nisi prius court bottomed on the principle that the husband’s military pension had not vested at the date of the marital bond’s dissolution and hence the asset did not qualify as jointly acquired property … If the Court of Appeals’ opinion in this case were indeed to become final and the cause to return to nisi prius, the post-decree property redistribution sanctioned by the appellate court clearly would offend our Clifton bar

Parsons v. Eisele

137 Okla. 35 · Supreme Court of Oklahoma · Dec 31, 1928

At the close of defendant’s evidence, plaintiff demurred to defendant’s evidence, in so far as it was sought to establish a sale of the Gorton car by the Bisele Motor Obmpany to A. G. Parsons or A. C. Parsons and Ed. M. … It clearly appears that the court did not 'err in giving the instructions complained of.

McMillian v. Holcomb

66 O.B.A.J. 3471 · Supreme Court of Oklahoma · Oct 31, 1995

The judge’s sanctioned “direction” (to prepare another memorial) usurps the legislative power to establish — to the exclusion of nisi prius judges — the appeal *1044 time commencement date as a law-driven mechanism. … All instruments filed in the case that bear the signature of the judge and specify clearly the relief granted or order made." [Emphasis mine.] .