Case law

Reeves v. Agee

769 P.2d 745 · Supreme Court of Oklahoma · Feb 24, 1989

We know of no rule which gives lawyers absolute immunity from liability for malicious prosecution. 35 A demurrer can reach no more than issues of law apparent from the face of the pleading to which it is directed. 36 Only … Included in the ever expanding litany of things covered by judicial notice are matters of "common and general knowledge” that are "well established and authoritatively settled." Boatman v.

Tobin v. Tobin

89 Okla. 12 · Supreme Court of Oklahoma · Mar 13, 1923

M.) 1S5 Pac. 7S0,-where-in it is said: “Without pursuing this subject further, we think it is well established by the great weight of authority that the power of the courts in matrimonial matters in this country are to be … Thraves, 50 Okla. 691 , 151 Pac. 598 , substantially to the effect that in cases of equitable cognizance the court on appeal has power to go into and examine the evidence, and where the judgment of the trial court is clearly

Latting v. Cordell

197 Okla. 369 · Supreme Court of Oklahoma · Aug 19, 1946

Thus, in New York, the exception was clearly not self-executing. … They established Federally a republic and a state in the nature of a commonwealth. These they devoted to law and order. Time and space should not be abused to demonstrate that la loi is narrower than le droit. Dugit.

In the Matter of Reinstatement of Jones

203 P.3d 909 · Supreme Court of Oklahoma · Jan 13, 2009

sufficient for our thorough inquiry into all relevant facts pertaining to the applicant, the original misconduct and the likelihood of applicant's rehabilitation to determine whether he has carried his burden of showing clearly … Having failed to present proof of his fitness to practice law sufficient for a first-time applicant, Jones' proof of present moral character falls far short of the proof necessary to show that he has the moral character to qualify

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

IN THE MATTER OF V.J.R.

2024 OK 66 · Supreme Court of Oklahoma · Sep 24, 2024

Moreover, the DHS social worker and the highly qualified forensic interviewer both testified that they found Child's disclosures to be credible. … When two statutes are in conflict, it is a well-established principle that the more specific enactment will control. Brown v. Creek Cty. ex rel. Creek Cty. Bd. of Cty.

Irwin v. Irwin

2 Okla. 180 · Supreme Court of Oklahoma · Sep 7, 1894

They shall hold their offices for four years, and until their successors are apjDointed and qualified, and they shall hold a term annually at the seat of government of said territory. … , perilous and abstract conclusions on questions not cora/m nobis is a dangerous precedent for this court to establish.

Williams v. Edwards

163 Okla. 246 · Supreme Court of Oklahoma · Mar 28, 1933

It is interesting to note in this connection that the sureties on this bond were 15 in number and qualified for amounts ranging from $1,000 to $5,000 each, and scheduled property subject to levy amounting to a total aggregate … The pleading of the plaintiff in this respect is not a model by any means, and does not clearly and consistently present this issue.

MARTIN v. PHILLIPS

2018 OK 56 · Supreme Court of Oklahoma · Jun 26, 2018

The mother moved for partial summary adjudication in the case, arguing that Phillips's conviction for the crimes establishes his liability for the torts. … If the court must qualify an Alford plea as one or the other, as the majority suggests, I would find that an Alford plea more closely resembles a plea of nolo contendere .

Massey v. Farmers Insurance Group

837 P.2d 880 · Supreme Court of Oklahoma · Jun 22, 1992

My short answer to the certified question would therefore be that the Insured’s presubmission-stage dismissal sans judgment does not qualify for preclusive effect. 4 Since the court has seen fit not only to address today … Const., the section that explicitly proscribes promise-based waivers of constitutional rights. 27 The policy’s appraisal mechanism, which stands as a substitute “mode of trial” for disputed fire losses, clearly offends §

IN THE MATTER OF THE ASSESSMENTS FOR TAX YEAR 2012 OF CERTAIN PROPERTIES

481 P.3d 883 · Supreme Court of Oklahoma · Feb 9, 2021

The record on appeal does not clearly indicate taxpayers have received their refund with interest as provided by 68 O.S. § 2884. The District Court judgment awarding postjudgment interest pursuant to 12 O.S.Supp. … The record on appeal does not clearly indicate taxpayers have received their refund with interest as provided in 68 O.S. § 2884.

Jernigan v. Jernigan

138 P.3d 539 · Supreme Court of Oklahoma · Apr 18, 2006

It was hence clearly beyond COCA’s sua sponte reach on its consideration of the representative’s appeal. ¶ 30 No claim for rescission of the family settlement agreement was ever interposed in the trial court. … The factum and validity of that agreement was established by the wife’s evidentiary materials.

SUTTON v. DAVID STANLEY CHEVROLET

475 P.3d 847 · Supreme Court of Oklahoma · Oct 13, 2020

One may be under no duty to speak, but if he or she undertakes to do so, the truth must be told without suppression of material facts within his or her knowledge or materially qualifying those stated. … CONCLUSION ¶11 The Court has long-established duties for parties who draft contracts and those that sign contracts.

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

155 Okla. 53 · Supreme Court of Oklahoma · Oct 27, 1931

These witnesses qualified as expert civil engineers. … The facts are generally in dispute; and it is sufficient if the question fairly states such facts as the proof of examiner fairly tends to establish and fairly presents his claim or theory.

In Re Initiative Petition No. 360

65 O.B.A.J. 2546 · Supreme Court of Oklahoma · Jul 19, 1994

In the present proposal, the objective is clearly term limitations for Congressional delegates. … We hold that Protestants have failed to establish the proposed initiative is violative of the one general subject rule under Art. 24, § 1. C. PURPORTED DECEPTIVE AND MISLEADING GIST STATEMENT.

Kahre v. Kahre

916 P.2d 1355 · Supreme Court of Oklahoma · Nov 29, 1995

Although the issue in most was whether a guardian ad litem was immune from suit by one of the parties over his handling of the guardianship, these cases are of interest here because they examine in detail the duties imposed … Educational Service Unit No. 16, 845 F.Supp. 1342 (D.Neb.1994), was a civil damage suit brought against a state-established school on behalf of mentally retarded students for alleged sexual, physical, and emotional abuse.

Dresser v. Dresser

164 Okla. 94 · Supreme Court of Oklahoma · Apr 11, 1933

They were as well qualified to judge of investment value as he was, for we are satisfied that there was nothing bearing upon it which she did not know. She knew all about the stock. … The stock had no established market value. He was unable to borrow money on it with which to try to get back the stock sold to the brother until the W. A. Harriman deal came up.

Garrison v. Bechtel Corp.

66 O.B.A.J. 355 · Supreme Court of Oklahoma · Jan 24, 1995

In the event the local union was unable to refer job applicants to the employer within forty-eight hours, Bechtel could seek qualified workers from any source it chose. … The place of a union-initiated employment contract formation ( locus contractus ) need not be the same as the situs where company screening is to be conducted, unless hiring is clearly pre conditioned in such pre screening

Compsource Mut. Ins. Co. v. Oklahoma Tax Commission

435 P.3d 90 · Supreme Court of Oklahoma · Jun 26, 2018

Section 173 was repealed by the Legislature in 2011. 1 Consequently, the taxpayers do not qualify for a rebate of the 2015 MITF assessments. ¶2 Moreover, the Legislature created the MITF assessment and rebate scheme in 2002 … 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

State Ex Rel. Dabney v. Ledbetter

127 Okla. 85 · Supreme Court of Oklahoma · Oct 11, 1927

Ledbetter is reported to have been' guilty of, be investigated, heard, considered, and determined, and if said reports be established as true, that the said Hugh A. … “Comes now Edwin Dabney, the duly elected, qualified and acting Attorney General of the state of Oklahoma, and in the name of the state of Oklahoma, and upon the direction of this court to file this complaint and institute