Case law

Franklin v. Margay Oil Corp.

194 Okla. 519 · Supreme Court of Oklahoma · Nov 21, 1944

Dennis as executors and trustees of this my Last Will and Testament; stipulating that the said executors and trustees qualify and serve without giving bond or security whatsoever.” … Clearly, the trust is to terminate upon the death of the survivor of the two successive life tenants. The trust is within the limitations imposed by 60 O.

City of Norman v. Allen

47 Okla. 74 · Supreme Court of Oklahoma · Mar 30, 1915

At this meeting September 27th, there were present the mayor and only seven councilmen elect, the other councilman having resigned and his successor, though appointed, not having qualified, and the appraisers’ report was … It was an act with reference to a purely ministerial matter, and one clearly in excess of its powers. It was an act outside of the powers of the municipal council which invades the property rights of the contractor.

COMPSOURCE MUTUAL INSUR. CO. v. STATE ex rel. OKLA. TAX COMM. and OKLA. ASSOC. OF ELECTRIC SELF INSURERS FUND v. STATE OF OKLA. TAX COMM.

2018 OK 54 · Supreme Court of Oklahoma · Jun 26, 2018

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nor shall any state deprive any person of life, liberty, or property, without due process of law; nor … Section 173 was repealed by the Legislature in 2011. 1 Consequently, the taxpayers do not qualify for a rebate of the 2015 MITF assessments.

McSorley v. Hertz Corp.

885 P.2d 1343 · Supreme Court of Oklahoma · Nov 8, 1994

minimum standards of protection, is to place the insured in the same position as if the negligent uninsured motorist had complied with the Oklahoma laws concerning financial responsibility. [25] The uninsured motorist statute clearly … But the Court has not even established that the customer has obtained liability coverage through the rental company.

Western Southern Fire Ins. Co. v. Murphey

56 Okla. 702 · Supreme Court of Oklahoma · Mar 28, 1916

We have heretofore copied the gist of the answer and the reply, which clearly shows that there was an issue joined. The answer alleges that the contract was without consideration, ultra vires, and void. … The trial court found that the facts as alleged and proved were insufficient to constitute or establish fraud, and in this respect we are of the opinion that the trial court was correct.

Pryor v. Chicago, R. I. & P. R. Co.

170 Okla. 158 · Supreme Court of Oklahoma · Nov 27, 1934

The kind or amount of evidence required to establish it is not subject to control of the several states. … Ed. 284 , where a judgment of recovery was affirmed, the court saying, in commenting on the Layton, Gotcliall, Conarty and Lang Cases, supra: “The rule clearly Reducible from these four cases is that, on the one hand, an

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. <i>Brown v. Creek Cty. ex rel. Creek Cty. Bd. of Cty.

C. C. Julian Oil & Royalties Co. v. Capshaw

145 Okla. 237 · Supreme Court of Oklahoma · Oct 14, 1930

Doneghey, 71 Okla. 204 , 177 P. 86 , in referring to the rights of a surface owner or a leaseholder, this court said: "But with respect to such oil and gas, they had certain rights designated by the same courts as a qualified … From this it necessarily results that it was competent for the Legislature to lay down a general rule, and then establish an administrative tribunal with authority to fix the precise width or thickness of pillar that will

OKLA. GAS AND ELECTRIC CO. v. STATE ex rel. OKLA. CORPORATION COMMISSION

2023 OK 33 · Supreme Court of Oklahoma · Apr 4, 2023

The Majority's illogical mathematical proof leaves much to be desired, especially when this Court has not clearly spoken to what it means for a Commission order to be "sustained by law." … Deference to an agency's interpretation is even more clearly in order when the construction is that of an administrative regulation rather than a statute. Id . (footnotes omitted).

Yazel v. William K. Warren Medical Research Center, Inc.

364 P.3d 1281 · Supreme Court of Oklahoma · Jun 24, 2014

They also insist that use of the word "duty" in 19 0.8.2011 § 527 unambiguously and clearly means that only the district attorney or counsel from the Oklahoma Tax Commission may represent the assessor in a proceeding such … To operate a continuum of care facility do not encompass independent living apartments and cottages, do such areas of Respondents’ property qualify for an exemption under §- 2887(8)(b)(l)? 5.

State Ex Rel. Oklahoma Bar Ass'n v. O'Bryan

385 P.2d 876 · Supreme Court of Oklahoma · Jun 18, 1963

established that the March 24, 1958, claim and May 21, 1958, amendment thereto were fraudulent; found Mr. … That it embraces many cases in which the offense is indictable is established by an overwhelming weight of authority.

Natural Gas Pipe Line Co. of America v. Panoma Corp.

271 P.2d 354 · Supreme Court of Oklahoma · Sep 15, 1953

The contention urged by appellant that a group of private producers and royalty owners derive substantial gain from the regulations does not contradict the established connection between the orders and a state-wide interest … Such action on its part is clearly a violation of the due process clause of both the federal and state Constitutions. The producer cannot "have his cake and eat it too."

Benton v. State Ex Rel. Pruet

175 Okla. 54 · Supreme Court of Oklahoma · Nov 5, 1935

This case clearly contemplates that securities for deposit of county funds must be accepted and approved by the board of county commissioners ; clearly contemplates that unless the county commissioners accept the security … These cases are clearly not similar to the case at bar, and therefore not applicable.

Taylor v. Insurance Co. of North America

25 Okla. 92 · Supreme Court of Oklahoma · Nov 9, 1909

clause of the present policy was prepared, and it does not seem to be an intemperate use of the imagination to draw the inference that it was prepared in view of the decisions to which I have referred, and to meet them by establishing … rule that, if the language of a statute or contract, read in the order of its clauses, presents no ambiguity, courts will not attempt, through transposition of clauses or ingenious argument as to the general intent, to qualify

Wiley v. Lewis

152 Okla. 173 · Supreme Court of Oklahoma · Oct 13, 1931

on the-day of March, 1929, he was by the county court of Okmulgee county, Okla., duly appointed guardian of the persons and estates of the said Chote Fish and Louinachee Pish, minors, and he thereupon gave bond and duly qualified … It thus appears that the will was established in the county court; that the proponent of the will died pending the time of the appeal, and its being lodged in the district court.

Tulsa Industrial Authority v. City of Tulsa

270 P.3d 113 · Supreme Court of Oklahoma · Jun 21, 2011

The City of Tulsa (or City) established a Tax Increment District, 62 0.8.2001 § 861, and accompanying project plan pursuant to the Local Development Act, 62 0.$.2001 §§ 850-869. … A Hohfeldian plaintiff seeks to adjudicate a claimed right, privilege, immunity, or power with respect to another party. State ex rel. Macy v.

United States, Ex Rel. v. C., O. G. R. R. Co.

3 Okla. 404 · Supreme Court of Oklahoma · Sep 7, 1895

where relief is sought merely for the protection *Page 471 of private rights, the relator must show some separate and distinct personal interest in the matter, since he is regarded as the real party and his rights must clearly … The power given by these acts was by the act of August 24, 1894, vested in the defendant railroad company with "all the powers, rights, immunities, *Page 488 privileges and franchises which have been heretofore granted to

DuLaney v. Oklahoma State Department of Health

64 O.B.A.J. 2845 · Supreme Court of Oklahoma · Sep 21, 1993

The same statute states, specifically, clearly, and without ambiguity, that before excavation on adjoining property commences, an adjacent landowner is entitled to "previous reasonable notice." … 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

Schovanec v. Archdiocese of Oklahoma City

188 P.3d 158 · Supreme Court of Oklahoma · Jul 2, 2008

I 14 Schovanee argues that Father Imming had minors spend the night with him and took minors on trips, and that this qualifies as a form of sexual abuse as recognized in the church. … The materials cited do not clearly state what Schovanee represents them to state. The referenced two exhibits are the depositions of Archbishops Beltran and Quinn.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BAILEY

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

The panel found the allegations on all counts to be established and recommended respondent be suspended for the practice of law for two years and one day. … Collins clearly had an impression respondent could influence the prosecutors.