Case law

Sulzberger Sons Co. of Okla. v. Strickland

60 Okla. 158 · Supreme Court of Oklahoma · Jun 6, 1916

E. 69 , the same court, in holding that a screw conveyor was within the statute, said that the word ‘all’ qualifies each class or genus of things specified, and leaves nothing of any class mentioned for the general words … Clearly the ‘trimmer machine’ must be held to be embraced within this phrase. Green v. American Car & Foundry Co., 163 Ind. 135 , 71 N. E. 268 ; Inland Steel Co. v. Kachwinski, 151 Fed. 219 , 80 C. C.

In Re the Oklahoma Capitol Improvement Authority

74 O.B.A.J. 1722 · Supreme Court of Oklahoma · Jun 3, 2003

The bonded indebtedness to be approved today is tainted by a pervasive and clearly incurable flaw. It cannot facially qualify as a self-liquidating loan transaction. … This sensus literalis approach to the meaning of a particular word is followed unless the context furnishes some ground to control, qualify, or enlarge the meaning. State ex rel. Ogden v.

Kerr-McGee Corp. v. Admiral Insurance Co.

66 O.B.A.J. 3056 · Supreme Court of Oklahoma · Oct 3, 1995

Clearly, the ordinary meaning of "sudden" cannot describe the gradual routine disposal of industrial waste that occurred over a number of years. … Clearly, these policies were not drafted for understanding by the common person.

St. Louis S. F. R. Co. v. Goode, Adm'x.

42 Okla. 784 · Supreme Court of Oklahoma · May 12, 1914

After Goode’s death his widow qualified as administratrix and' brought a new action to recover the damages allowed by statute to the widow and next of kin. … This evidence was for the evident purpose of establishing .the former, recovery, on the theory that it was a bar and complete defense in this suit.

Perkins v. Masek

366 P.2d 101 · Supreme Court of Oklahoma · Nov 27, 1961

That a judgment establishing the validity of a void tax ded, which deed was attached to the petition as an exhibit, is good against the world. … However, we have qualified this rule by holding if a tax deed itself contains a description which identifies and furnishes an unmistakable clue as to the identity of the land, and its location can be definitely ascertained

Bynum v. Strain

95 Okla. 45 · Supreme Court of Oklahoma · Sep 14, 1923

Strain, was, on the date named, the duly qualified and acting Bank Commissioner of the state, under regular appointment of the Governor; that while thus acting, the Governor, by executive order, attempted to remove him from … It provides for a determination of a different character of offenses, and the two sections, viewed together, serve only to show more clearly the legislative recognition of the distinction between the two character of offenses

Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.

11 Okla. 585 · Supreme Court of Oklahoma · Jul 17, 1902

constituted a contract between the parties and there Avas no imperfection or ambiguity in the contract, evidence of parol representations made to the agent prior to the issuing of the policy could not be receiAred to explain or qualify … further and additional insurance * * */ The effect of such stipulation in a contract of insurance as well as the manner in which they may be modified or waived by agents of the company have been so thoroughly discussed and so clearly

Carter v. Rathburn

85 Okla. 251 · Supreme Court of Oklahoma · Mar 28, 1922

Only one of the original state Constitutions— *259 Massachusetts — gave even a qualified veto, while the Articles o,f Confederation withheld it entirely, reaching the other extreme of requiring the assent of nine states to … Clearly they relate not simply to disapproval in the mind of the Governor, but to some act of disapproval, some manner of disapproval.

CHILDERS v. CHILDERS

2016 OK 95 · Supreme Court of Oklahoma · Sep 20, 2016

latitude in determining the division of jointly-acquired property in a divorce proceeding, 11 and its distribution of a marital estate will not be disturbed absent an abuse of discretion or a finding that the decision is clearly … Both parties had a full and fair opportunity to hire experts, present evidence, and elicit testimony to establish the value of their business entities and property. One party failed to do so.

Hill v. Buckholts

75 Okla. 196 · Supreme Court of Oklahoma · Jul 29, 1919

The foregoing excerpts from the briefs of counsel, we think, clearly state the issues of law involved in this appeal. … This rule is well established and adhered to by numerous decisions of this court. Prince v. Gosnel, 47 Okla. 570 , 149 Pac. 1162 ; St. Louis & S. F. R. Co. v.

Cunningham v. United States National Bank

6 Okla. 184 · Supreme Court of Oklahoma · Nov 8, 1897

It has been suggested, both in the application for a rehearing and the dissenting opinion filed herein, that Judge Green’s former exalted position as a member of this court should secure to him immunity from adverse criticism … duty bound, to set aside such order and disallow the expenditure, and this notwithstanding the fact that the judge of the trial court making such order may have been a wholly disinterested person and otherwise entirely qualified

REV. DR. MITCH RANDALL v. LINDEL FIELDS

2025 OK 91 · Supreme Court of Oklahoma · Dec 16, 2025

Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control; and said schools shall always be conducted … Horse Racing Commission pursuant to Section 203.4 of Title 3A of the Oklahoma Statutes when the stewards are officiating at races or otherwise enforcing rules of the Commission, g. the board of directors of a Federally Qualified

Testerman v. Burt

143 Okla. 220 · Supreme Court of Oklahoma · Mar 4, 1930

There was no fiduciary relation existing between the parties, their interests were adverse, and it appears the plaintiff was attempting to establish title to the property without first establishing that right through the … act will issue to the persons shown by the application to bo entitled to be named in such leases, and despite internal dissensions, there must be, on or before October 1, 1925, in each case, some person or organization qualified

Morgan v. OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASS'N

207 P.3d 362 · Supreme Court of Oklahoma · Mar 31, 2009

." [16] *371 ¶ 11 The hardship waiver process clearly adopts the due process provisions of the OSSAA's Constitution because the "Request for OSSAA Hardship Eligibility Clarification" form provides in bold lettering that " … for and is granted an exception due to hardship or other qualifying circumstance pursuant to Section 3 below....

State Ex Rel. Roth v. Waterfield

167 Okla. 209 · Supreme Court of Oklahoma · Oct 17, 1933

clearly appears.” … But the remedy for the enforcement of tlie contract being established by the law-malting power, may be modified at its discretion.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BAILEY

2023 OK 34 · Supreme Court of Oklahoma · Apr 4, 2023

Collins clearly had an impression respondent could influence the prosecutors. … Eakin , , , 650 ("It is the OBA's burden to establish the charges by clear and convincing evidence."); cf . Massengale v. Okla.

May v. Mid-Century Insurance Co.

151 P.3d 132 · Supreme Court of Oklahoma · Dec 19, 2006

from them. 12 A plaintiff is required neither to identify a specific theory of recovery nor to set out the correct remedy or relief to which he may be entitled. 13 If relief is possible under any set of facts which can be established … The rights and duties, if any, owed by Association to unit owners are clearly not at issue before us. Today’s opinion stands confined solely to the rights between Owner and Insurer inter se. *140 A.

Ethics Commission v. Keating

958 P.2d 1250 · Supreme Court of Oklahoma · Aug 20, 1998

will fit into a coherent symmetry of legislation. 18 I would hence hold that because the Oklahoma Constitution does not free the Governor from the restraint of the Commission’s ethical commands nor otherwise arm him with immunity … Kelsen explained the concept of concretization in the following passage: "From a dynamic standpoint, the individual norm created by the judicial decision is a stage in a process beginning with the establishment of the first

WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT v. STATE

2022 OK 79 · Supreme Court of Oklahoma · Oct 4, 2022

Review of an order requesting relief in the nature of an injunction is whether the trial court abused its discretion or entered a decision clearly against the weight of the evidence. … This appears to be the approach taken by the State Board, the sum of identified problems qualifies as an emergency and requires immediate attention and correction. ¶55 A totality-of-circumstances analysis for Barnes's requested

Tansy v. Dacomed Corp.

65 O.B.A.J. 4192 · Supreme Court of Oklahoma · Dec 20, 1994

Barnes was incorrect, and the jury clearly observed that the device failed because a cable broke. … Section B clearly states that this evidence is not admissible to prove character, but may be admitted to establish, inter alia, knowledge of, or absence of, mistake or accident.