Case law

Schulte Oil Co. v. Oklahoma Tax Commission

65 O.B.A.J. 3046 · Supreme Court of Oklahoma · Sep 20, 1994

, which clearly defined the contested exemption’s outer perimeter. … RDL has clearly met the law’s burden for establishing its status qua manufacturer.

Consolidated School Dist. No. 8 v. Wilder

148 Okla. 91 · Supreme Court of Oklahoma · Mar 31, 1931

We agree with counsel for defendant and intervener that the rule of law announced in their brief in support of their motion is a well-established rule of this court. … Under the holdings of this court, where the trial court exercised a judicial discretion, this court will not reverse the judgment of the trial court unless the trial court clearly abused its discretion. Trimmer v.

MEEKS v. GUARANTEE INSURANCE COMPANY

2017 OK 17 · Supreme Court of Oklahoma · Feb 28, 2017

"To implement this bargain, the Legislature established the workers' compensation system as the exclusive remedy for employees who suffer accidental on the job injuries. … To hold that a workers' compensation insurer's immunity from tort liability is not coterminous with that of an insured employer's own immunity would indeed abrogate the latter's protection by removing the bargain's very pedestal

Neidy v. City of Chickasha

188 P.3d 128 · Supreme Court of Oklahoma · Jun 24, 2008

On 21 November 2005 the Chic-kasha City Council passed Ordinance No.2005-17 which established a tax increment financing district (TIF).Within the city the TIF was established under the provisions of the Local Development … The November 2005 election fails to qualify as a general election.

Court Fund of Tulsa County v. Cook

557 P.2d 875 · Supreme Court of Oklahoma · Dec 7, 1976

The Board’s deter- *878 initiation is entitled to the same presumption of correctnéss as a judgment and is similarly immune from collateral attack. … Clearly, mandamus lies to compel the performance of a ministerial duty. 12 O.S.1971, § 1451; Ballard v. Christian, Okl., 451 P.2d 943 (1969).

Griffin v. Mullinix

68 O.B.A.J. 3102 · Supreme Court of Oklahoma · Sep 30, 1997

Section 414 clearly shows the legislature’s intent to enforce the provisions of the Occupational Safety & Health Standards Act only against the public employer, except in the most extreme circumstances when the private workplace … Dep’t of Transp., 1980 OK 145 , 618 P.2d 397, 398 (This Court said that any changes in the public policy of governmental immunity would need to come from the legislature and not the Court.); State ex rel.

State Ex Rel. Otjen v. Mayhue

476 P.2d 317 · Supreme Court of Oklahoma · Nov 3, 1970

Action upon a rejected claim to establish money demand against the estate must be brought in the county of probate. … Application of the rule is qualified by the prerequisite — an action rightly brought. This statute was involved in earlier decisions of McClung v. Cullison, 15 Okl. 402 , 82 P. 499 ; Brocker, Admr. v.

Oklahoma Electric Cooperative, Inc. v. Oklahoma Gas & Electric Co.

70 O.B.A.J. 1366 · Supreme Court of Oklahoma · Apr 27, 1999

The exact line of demarcation between franchises and licenses may not be clearly drawn, but their general characters and limits are so well known and so clearly established that it is not difficult to assign many rights granted … A process should be established whereby all retail consumers are permitted to choose their retail electric energy suppliers by July 1, 2002. Id. at § 190.4.

Trower v. Wetmore

123 Okla. 81 · Supreme Court of Oklahoma · Sep 21, 1926

Gottman was established. … . *84 For the reasons herein stated, the order and decree of the trial court are clearly against the weight of the evidence and contrary to law.

Atchison, T. & S. F. Ry. Co. v. Miles

69 Okla. 138 · Supreme Court of Oklahoma · Feb 5, 1918

If a party was limited to expert testimony, where it is necessary for him to prove the speed of an automobile or train in order to establish negligence, it would be very rare instances where he would be able to establish … Therefore the rule that nonexpert witnesses may testify concerning the speed of an automobile and train seems to be clearly founded on sound principle and justice.

Gardner v. School Dist. No. 87, Kay County

34 Okla. 716 · Supreme Court of Oklahoma · Aug 20, 1912

In Endlich on the Interpretation of Statutes, sec. 216, it is said: “Hence, if there are two acts, or two provisions in the'same act, of which one is special and particular, and clearly includes the matter in controversy, … The considerations already stated are sufficient to establish beyond a reasonable doubt, that the special act was not intended to be repealed by the taking' effect of the Revised Statutes.”

Pearson v. Yoder Et Ux.

39 Okla. 105 · Supreme Court of Oklahoma · Aug 6, 1913

(Defendant objects, as the witness has not shown himself qualified to testify..) *Q. Does that purport to be a certified copy. (Defendant objects.) A. It does not purport to be a certified copy. Q. … But the court held that the testimony clearly did not come within his privilege, and said that: “The only thing he was forbidden to disclose was the confidential communication.

Edge v. Board of County Commissioners

318 P.2d 621 · Supreme Court of Oklahoma · Nov 19, 1957

There the petition for change of boundary of a district must have been signed by at least one-third of the qualified electors of the school district. … It appears to be the established rule that such numerical sufficiency of the petition is an essential prerequisite to the power to make the suggested change in the boundaries of the district.

Cope v. Braden

11 Okla. 291 · Supreme Court of Oklahoma · Sep 5, 1901

We think that this contention is clearly untenable. … These decisions were clearly incompetent, and the court,' therefore, properly sustained the plaintiff’s objections thereto.

Dolese Bros. Co. v. State Ex Rel. Oklahoma Tax Commission

74 O.B.A.J. 420 · Supreme Court of Oklahoma · Jan 21, 2003

Taxpayers physically reproduce this rubber-stamped certification in their brief, but their argument is clearly ivithout record support. … used by persons in the operation of manufacturing plants already established in Oklahoma.

SHELLEM v. GRUNEWELD

2023 OK 26 · Supreme Court of Oklahoma · Mar 28, 2023

"The right to injunctive relief must be established by clear and convincing evidence and the nature of the injury must not be nominal, theoretical, or speculative." … Rather, District asserts what determines whether a student should be temporarily quarantined is evidence of that student's heightened immunity to COVID-19.

In Re Driggs

325 P.2d 72 · Supreme Court of Oklahoma · Apr 29, 1958

Therein, the petitioner refused to answer questions tending to establish the guilt of another. … To be valid the statute must afford absolute immunity against future prosecution for the offense to which the question relates.” [ 2 Okl.Cr. 110 , 100 P. 40 .]

In Re Bledsoe

186 Okla. 264 · Supreme Court of Oklahoma · Nov 21, 1939

The establishment, in 1897, of a state board of bar examiners, in place of the county boards previously existing, is an example. … In the light of the authorities to which we have referred, which clearly represent the overwhelming weight of authority, the above-quoted legislative act cannot stand.

Caton v. Brubaker

113 Okla. 1 · Supreme Court of Oklahoma · Mar 31, 1925

the defendant in error, and it is a well-settled rule of law of this state that where there is conflicting evidence on any fact, the finding of fact of the lower court must be considered the finding of fact in this court, qualified … Hence the converse is true; if not clearly against the weight of the evidence, the judgment should be sustained.

Kelley v. Garfield County Bldg. & Loan Ass'n

180 Okla. 253 · Supreme Court of Oklahoma · Dec 15, 1936

and is for a special purpose; that purpose was to supply a special form of loan, presumptively, at least, to assist the citizen of small means to acquire a home and pay for it by small monthly installments, when he could qualify … This rule and these holdings appear to be the general and established rule regardless of, rather without the aid of, any statutory provision.