Case law

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 .]

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.

Davuluri v. State ex rel. Oklahoma Board of Medical Licensure & Supervision

71 O.B.A.J. 1594 · Supreme Court of Oklahoma · Jun 13, 2000

The action of the Board in Naifeh clearly was a "disciplinary action" of the Board. … Davuluri's qualifications to practice medicine in Oklahoma are not established by Dr.

Estate of Crump v. Freeman

614 P.2d 1096 · Supreme Court of Oklahoma · Jun 5, 1980

The preter-mitted-heir statute superimposes itself upon the silent will to establish heirship in the protected person. … Contestant’s § 132 status as a pretermitted heir was clearly established. Trial court’s judgment is therefore AFFIRMED. LAVENDER, C. J., IRWIN, V. C. J., and BARNES, DOOLIN and HARGRAVE, JJ., concur.

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA

2017 OK 15 · Supreme Court of Oklahoma · Feb 22, 2017

immunity. … The dispute between Parishioner and the Elders is clearly not immune from secular judicature and was properly before the trial court. Guinn , 1989 OK 8, ¶¶17-18 (footnotes omitted).

Sinclair Oil & Gas Co. v. Crane

175 Okla. 198 · Supreme Court of Oklahoma · Sep 25, 1935

Whether or not said jurors were qualified was a matter to be tried and determined by the trial court. This the trial court did and determined each of said named parties to be qualified jurors. … It is apparent that the witnesses were testifying as to the value of the land after, the injury, and we are of the opinion that the plaintiffs properly established their measure of damages.

Lowe v. Consolidated School Dist. No. 97

79 Okla. 115 · Supreme Court of Oklahoma · Aug 10, 1920

Laws 1913, provides for the establishment of consolidated school districts, and the proviso to said section is; “That all or a part of any district adjaceat to a consolidated district shall be attached to and become a part … This is clearly against the obvious intention of the Legislature.

Coats v. Benton

80 Okla. 93 · Supreme Court of Oklahoma · Dec 7, 1920

A careful examination of the evidence clearly establishes that the protestant was an industrious, sober, moral' b.oy; that he attended Sunday school and-ehurch. … The term “qualified,” as used in section 1140, supra, wherein it is provided that persons of whatsoever age who have been legally married and who are otherwise qualified, may dispose of and make contracts relating to real

Kinney v. Heatherington

38 Okla. 74 · Supreme Court of Oklahoma · Jan 21, 1913

In our judgment this conclusion on his part was-clearly error and ought not to stand. … It would be a pitiable commentary upon the impoteney of a court of equity to do justice and equity if, in view of the facts established in this case, it were powerless to render relief.

Apache Gas Products Corp. v. Oklahoma Tax Commission

509 P.2d 109 · Supreme Court of Oklahoma · Mar 27, 1973

Broadly speaking, none of the evidence clearly established whether any of the gas prices shown on defendant’s Exhibit 6 did or did not represent the “cash price” that prevailed in Lincoln County for natural gas “of like kind … The whole purpose of the opinion was to avoid the immunity of mineral operators under federal leases.

Special Indemnity Fund v. Bramlett

201 Okla. 415 · Supreme Court of Oklahoma · May 31, 1949

There is, however, no medical testimony which tends to establish the degree of disability sustained by respondent as the result of his combined injuries. … not qualified to assume its own risk.

American Airlines v. Hervey

72 O.B.A.J. 2716 · Supreme Court of Oklahoma · Sep 18, 2001

employment during the healing period may be entitled to TPD compensation during all or part of the healing period, even though that worker does not qualify for TTD compensation. … The Workers' Compensation Court failed to consider whether the claimant was eligible for TPD compensation during all, or any part, of that time period, although the issue was clearly presented by the evidence.

Henderson v. Gifford

318 P.2d 404 · Supreme Court of Oklahoma · Nov 19, 1957

Gifford as such beneficiary, without any words appearing on said designation to indicate that it was, in any way, qualified or conditional. When the insured thereafter died, on May 28, 1954, at Mrs. … required to establish a resulting trust, and secondly that in cases of equitable cognizance the judgment of the trial court that plaintiffs have not met their burden of proof will not be set aside unless clearly against

Reid v. City of Muskogee

137 Okla. 44 · Supreme Court of Oklahoma · Jun 4, 1929

This rule is well established in this state, and we can come, to no other conclusion from th'e record before us than that the contention of plaintiffs in this regard is wholly without merit. … In our judgment the most that can be said here is that som'e of the voters might have been misled by some one interested in the result of the election, and even that does not clearly appear.

Rath v. LaFon

431 P.2d 312 · Supreme Court of Oklahoma · Feb 21, 1967

Upon a careful reading of the entire statute dealing with the crea-, tion of courts such as here involved, we are of the opinion that the act clearly required that such court be established at a city “with a population of … The defendant thereafter duly qualified for the office and entered upon the performance of his duties.

Upton v. State Ex Rel. Department of Corrections

71 O.B.A.J. 1744 · Supreme Court of Oklahoma · Jun 20, 2000

In so doing it altered established legal precedent and denied an employer the right to dismiss an employee while he/she is receiving TTD. … state has no immunity.

IN RE APPLICATION OF GREEN FOR ADMISSION TO OKLA. BAR ASSOC.

2016 OK 98 · Supreme Court of Oklahoma · Sep 20, 2016

admission by motion under our Rule Two is "the continuous practice of law in a RECIPROCAL STATE for five of the last seven years immediately preceding the filing of his request for admission on motion under Rule Two." ¶6 CLEARLY … a violation of our oath of office. ¶15 Reciprocity is a privilege and not a right. ¶16 Indeed, a great majority of the states grant reciprocity to lawyers of sister states who meet their requirements, which Major Green clearly

Fent v. STATE EX REL. OKLAHOMA TAX COM'N

99 P.3d 241 · Supreme Court of Oklahoma · Jul 6, 2004

The legislature has the power to establish classes of taxpayers possessing varied deductions from income for purposes of computing state income tax liability. Id. … See, for example, 68 O.S. 2001 § 2357.33, the tax credit for immunization against Hepatitis A.

School Dist. No. 17, Rogers County v. Eaton, Co.

97 Okla. 177 · Supreme Court of Oklahoma · Feb 12, 1924

It was simply an attempt in a legal way to establish the boundary line between the two, and to establish the corners and proper boundaries of lands lying adjacent. … And the court was in error in the rendition of its judgment and we recommend that the case be reversed, and in view of the fact that the proof clearly establishes the rights of the appellants and the relief sought, we render

Anderson v. Whitener

127 Okla. 284 · Supreme Court of Oklahoma · Jul 26, 1927

of an agreement to the contrary, every partner is entitled to take part in the management of its business, and in case of a difference of opinion as to such management, the majority governs. ” We think these instructions clearly … Latimer: Object to his reading from the instrument until he has qualified the witness, and the instrument is identified and offered in evidence and submitted to us. The Court: Sustained, unless the witness is qualified.