Case law

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.] .

Beattie v. STATE EX REL. GRDA

41 P.3d 377 · Supreme Court of Oklahoma · Jan 15, 2002

The words United States are in no way qualified and their use in this context is nothing other than a reference to the needs of the grantor, a status now held by plaintiffs. … Any words that clearly show an intent to create it are sufficient. Cf. Tangner v. Brannin, 1963 OK 101, ¶ 5 , 381 P.2d 321 . Accord, Hornsilver Circle, Ltd. v. Trope, 904 P.2d 1353 (Colo.App.1995); Tanton v.

Bryan Co. State Bank v. Amer. Nat. Bank of Ft. Worth

56 Okla. 529 · Supreme Court of Oklahoma · Mar 21, 1916

Such officers shall hold their offices for a term of one year and until their successors are elected and qualified. … The purposes of the law, coupled with the delegation of the powers contained. in the resolution of the board of directors, clearly fix the status of Dunlap as the active, managing officer of said bank.

Hill v. Hill

58 Okla. 707 · Supreme Court of Oklahoma · Jul 25, 1916

.- The well-established rule in this country is that where the term ‘brothers or sisters’ is used without limitation, it includes half brothers and half sisters.” In the very able opinion of Oliver v. … Constituting an exception in the law of descent, *719 before those otherwise qualified should be excluded from the rights of heirs, the statute upon which reliance is placed must clearly disclose such purpose and leave nothing

Roberts v. Roberts

657 P.2d 153 · Supreme Court of Oklahoma · Jan 11, 1983

The latter may also qualify for continued alimony receipt "upon proof... relating to need for support ... ." 12 O.S. 1981 § 1289D. … This statute clearly conflicts with, and infringes upon, these fundamental freedoms.

In Re Initiative Petition No. 348, State Question No. 640

820 P.2d 772 · Supreme Court of Oklahoma · Feb 20, 1992

The measure need only pass a threshold test to qualify for submission, see supra note 14. . See supra note 14. . Art. 4, § 4, U.S. Const., supra note 1. . … Unless Congress clearly removes states from that arena, the Court announced, there is no federal preemption under the Supremacy Clause, Art. 6, U.S. Const.

State Ex Rel. Attorney General v. Martin

125 Okla. 24 · Supreme Court of Oklahoma · May 21, 1927

It is the / public interest, and not the personal pride / of the judges, which establishes this inher- / ent power of courts to punish for contempts. … Thus clearly considering contempts separate and apart from crim'es. In Ex parte Fisk, 113 U. S. 713 , 28 L. Ed. 1117 , 5 Sup. Ct.

Maxwell v. Zenith Limestone Co.

142 Okla. 286 · Supreme Court of Oklahoma · Apr 8, 1930

S. 3921, which is as follows: *290 “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall … The question is one of equitable cognizance. and therefore this court will not disturb the iudgment unless it is clearly againfft the weight of the testimony.

F. B. Collins Inv. Co. of Clinton v. Beard

46 Okla. 310 · Supreme Court of Oklahoma · May 11, 1915

offered so to do; and further, that the plaintiff, in making the application for the loan in October, 1908, represented himself to be 21 years of age, and the owner of the lands involved; that he was competent and legally qualified … Stat. at L. 495) it is clearly and emphatically declared that deeds, leases, etc., made contrary to the provisions therein contained, are and shall be void; and in referring to deeds and leases, it is said:.

Purdy v. Chambers

128 Okla. 118 · Supreme Court of Oklahoma · Oct 25, 1927

Purdy is the duly appointed, qualified and acting administratrix of the estate of A. H. … If we establish the ownership of Mr. Chambers we shall expect a verdict at your hands.”

Scott v. Oklahoma Secondary School Activities Ass'n

313 P.3d 891 · Supreme Court of Oklahoma · Oct 1, 2013

The Oklahoma Secondary School Activities Association through the employment of the instrumentalities hereinafter established shall: a. … The Board cannot comply with due process if the decision to punish is so firmly established to vitiate the fairness and impartiality of the appeal process.

Board of County Commissioners v. Litton

315 P.2d 239 · Supreme Court of Oklahoma · Jun 4, 1957

on the date of plaintiff's criminal conviction and forfeiture of his position of County Commissioner, the State's then Governor appointed one Earl Laverne Overholser to fill the position, and that Overholser immediately qualified … Clearly under this Section when the complaint was filed, Litton could have been suspended from office immediately pending final judgment.

In Re Initiative Petition No. 317, Etc.

648 P.2d 1207 · Supreme Court of Oklahoma · Jul 20, 1982

The petition seeks to change the boundaries for Oklahoma's six congressional districts as established by the 1981 Legislature. … Title 34 , O.S. 1981, § 9(D) clearly and unequivocally precludes circulation of an initiative until completion of the appeal process.

Burrows v. Burrows

886 P.2d 984 · Supreme Court of Oklahoma · Nov 29, 1994

defending the father's motion for summary judgment, the mother asserted that only two of the forty acres the father conveyed to his parents were utilized as a homestead while the remaining thirty-eight acres should not qualify … not require that a person have a family in order to claim an exemption, we do not believe this amendment was intended to allow the homestead exemption to be used to defeat support alimony and child support when such a use clearly

Large Oil Co. v. Howard

63 Okla. 143 · Supreme Court of Oklahoma · Feb 27, 1917

Further, it was said that the court did not feel warranted in extending the exemption established by the case of McCullough v. … It is sufficient to say that, upon thorough consideration of the statute here involved, we are clearly of the opinion that it imposes neither an occupation nor license tax. In Indian Territory Illuminating Oil Co. v.

IN THE MATTER OF K. H.

2021 OK 33 · Supreme Court of Oklahoma · Jun 8, 2021

Instruction No. 8 clearly states it is "OUJI Juv-2.2." … s bruises qualify as a "serious bodily injury" and therefore "heinous and shocking" physical abuse.

Lincoln Bank & Trust Co. v. Oklahoma Tax Commission

63 O.B.A.J. 470 · Supreme Court of Oklahoma · Feb 11, 1992

We hold that for the singular mission of fulfilling its statutorily mandated duty to enforce the Unclaimed Property Act, the Commission qualifies as a supervisory agency within the meaning of, and hence unhampered by, the … Each time activity occurs in a dormant account that activity should be reviewed to establish the authenticity of the entry. “ * * * ” (Emphasis in original.) .

State Ex Rel. Henry v. Southwestern Bell Telephone Co.

825 P.2d 1305 · Supreme Court of Oklahoma · Mar 2, 1992

The rates charged by SWB during the period in question (January 1, 1987 to September 30,1989) clearly were authorized by the Commission. … Moreover, the extra-record “facts” described by the testimony as supportive of the depreciation reserve deficiency finding would not necessarily qualify as “generally recognized technical facts.” IX.

WOOD v. MERCEDES-BENZ OF OKLAHOMA CITY

2014 OK 68 · Supreme Court of Oklahoma · Jul 16, 2014

This has been the common law approach ever since landlord's sovereignty and immunity for acts done within the boundaries of his land gradually gave away to present-day civil accountability. … Melvin Simon & Assoc., Inc. , 1994 OK 68, ¶6 , 876 P.2d 239 ("It is well established that a landowner has no duty to warn of dangers that are open and obvious."); Turner v.

Tibbs-Dorsey Mfg. Co. v. State Industrial Com.

147 Okla. 232 · Supreme Court of Oklahoma · Feb 17, 1931

It establishes another method or procedure, independent of those provided for in section 7294, for settling a claim before the State Industrial Commission. … “The natural and appropriate office of a proviso in a statute is to restrain or qualify some preceding matter, and it should be confined to what precedes it, unless it clearly appears to have been intended to apply to some