Case law

Smith v. Townsend

1 Okla. 117 · Supreme Court of Oklahoma · Feb 1, 1892

to make such homestead entries, not exceeding one hundred and sixty acres to one qualified claimant. … It may not, however, be amiss to state and-keep in view some of the best established and well settled rules on the subject.

Tucker v. Leonard

76 Okla. 16 · Supreme Court of Oklahoma · Sep 16, 1919

In the first instance mentioned, the father, under this provision of secton 4, supra, would not be qualified to act as guardian of his own children, notwithstanding he might in all other respects be entirely qualified; anil … The court could clearly gather from this petition that all the ''state of the minor consisted of his allotment, which was sought to lie sold.

Byrd v. State Ex Rel. Roff

99 Okla. 165 · Supreme Court of Oklahoma · May 13, 1924

The independent district of the town of Foraker was established about one year later. … As we view it, the agreed statement of facts clearly shows that the plaintiff, appellee herein, is entitled to relief sought.

City of Holdenville v. Griggs

411 P.2d 521 · Supreme Court of Oklahoma · Feb 22, 1966

The evidence in the instant case clearly establishes that the inadequacy of the sewer system was called to the attention of the defendant on several occasions, but that it failed to remedy the condition. … clearly appears that the discretion has been abused.”

Taylor v. State & Education Employees Group Insurance Program

66 O.B.A.J. 1835 · Supreme Court of Oklahoma · May 23, 1995

V. § 62 clearly means payment of retirement benefits to education employees. … Clearly, those Plaintiffs whose retirement benefits are vested have contract rights under OTRS. Baker, 718 P.2d at 353 .

Reynolds v. Porter

760 P.2d 816 · Supreme Court of Oklahoma · Jul 19, 1988

The vice of special acts is that they create preferences and establish inequality. 37 In City of Tulsa v. … The three-year limit affects the litigation only when a health care provider’s negligence has been established.

Hiskett v. Wells

351 P.2d 300 · Supreme Court of Oklahoma · Dec 22, 1959

has previously been established of record, as hereinabove provided.” … established of record in the manner heretofore mentioned.

Adamson v. Brady

199 Okla. 55 · Supreme Court of Oklahoma · Jul 1, 1947

This action to establish the claim against the estate of Henry Adamson was commenced in the district court of Le Flore county November 14, 1942. … From the record it clearly appears that judgment was rendered in the original action February 17, 1941, more than a year before the death of Henry Adamson.

Sunray Oil Corp. v. Oklahoma Tax Commission

192 Okla. 159 · Supreme Court of Oklahoma · Mar 2, 1943

The evidence introduced at the hearing before the Tax Commission established without dispute the following facts: During 1939, 1940, and 1941 all of appellant’s officers and six of its nine directors resided in Oklahoma. … Appellant owned all of its capital stock except five qualifying shares issued to directors.

Hodge v. Territory of Oklahoma

12 Okla. 108 · Supreme Court of Oklahoma · Jul 18, 1902

H'ickok was the duly, elected, qualified and acting county attorney of said county, *111 and was in attendance npon the- court and grand jury when his attendance was required by them; that there was no physical or mental … In other words, before the-defendant is entitled to. be heard in a proceeding to set aside an indictment he must come clearly within the proyisions-of the statute.

City of Tecumseh v. City of Shawnee

33 Okla. 494 · Supreme Court of Oklahoma · May 14, 1912

He also finds that five persons who were not qualified voters voted for Shawnee. … be handled in the manner found by the referee; but the evidence does clearly establish that there was an understanding between the active workers in behalf of Shawnee and those immediately in charge of this fund and'the

Holbert v. Echeverria

744 P.2d 960 · Supreme Court of Oklahoma · Oct 20, 1987

Inasmuch as the Act is for the benefit of the general public, no special class is established for whose especial benefit it was created. … Real property contract disputes do not generally qualify for statutory counsel-fee award. See, Todoroff v. Burton, Okl., 719 P.2d 456 [1986].

Clement v. Coon

161 Okla. 216 · Supreme Court of Oklahoma · Jul 6, 1932

.; that said company did not have at any time any office in the state of Oklahoma; that it had never qualified to do business in the state of Oklahoma; that neither L. R. … The affidavits filed by the defendant company are so qualified by careful and well guarded exceptions as to be of little value in determining the question at 'issue.

Coleman v. the Territory of Oklahoma

5 Okla. 201 · Supreme Court of Oklahoma · Feb 12, 1897

We think that one who contests the right of entry made upon public lands, by another, and who is himself qualified to make entry thereon, and who, if successful in his contest, will have a preference right over all others … In this case the question is clearly presented whether, when the prosecution has established the commission of the offense by the accused, it was also its duty to establish by evidence beyond a reasonable doubt, its right

City of Ardmore v. Hendrix

348 P.2d 497 · Supreme Court of Oklahoma · Jan 12, 1960

in a prudent *499 manner and in accordance with the law of Oklahoma, and the ordinances of the City of Ardmore; that prior to the collision he caused the headlamps to light up, a red spotlight to light and the siren to clearly … The plaintiff contends there is no evidence to establish that the defendant Wallace was on an emergency run at the time of the accident.

Leahy v. State Treasurer

173 Okla. 614 · Supreme Court of Oklahoma · Jun 18, 1935

But this fact is only significant as evidencing the contrast between his qualified power of disposition of that property and his untrammeled ownership of the income in controversy. … The latter was clearly beyond the control of the United States. The duty to pay it into petitioner’s hands, and his power to use it after it was so paid, were absolute. Work v. Mosier, 261 U. S. 352 ; Work v.

Wadsworth v. Neher

138 Okla. 4 · Supreme Court of Oklahoma · Jul 16, 1929

We are of the opinion that the record fails to establish the allegations of fra-ud and corruption urged by plaintiffs. … City of Clinton, reported in 131 Okla. 186 , 268 Pac. 254 , the court very clearly announces the rule of law as to the necessity of showing sufficient illegal votes cast to change the result of an election, in an action to

Independent Consol. School Dist. No. 7 v. Bowen

199 Okla. 92 · Supreme Court of Oklahoma · Jul 1, 1947

Plaintiff first asserts that: “The power of the Legislature to establish and maintain a public school system, vested in it by Section 1, Article XIII, of the Constitution, must be construed with, and is restricted by, the … Sections 7(a) and 8 clearly authorize and impose upon the annexing district the responsibility of administering the affairs and budget of the annexed district during the balance of the fiscal year within which annexation

Atwater v. Hassett

27 Okla. 292 · Supreme Court of Oklahoma · Oct 26, 1910

provisions of the state Constitution, said provision appears to harmonize and to have been adopted in all respects in accordance therewith. 2. “* * * No state shall make, or enforce any law which shall abridge the privileges or immunities … the court said, speaking of the negro race: ‘By reason of its previous condition of servitude and dependence, this race had acquired or accentuated certain peculiarities of habit, of temperament, and of character, which clearly

Brown Bros. v. Parks

176 Okla. 615 · Supreme Court of Oklahoma · Mar 17, 1936

Respondent’s physician, however, testified that in his opinion the condition of the respondent was attributable to the original injury which respondent had sustained, but qualified this testimony by saying that either the … Since the record herein fails to disclose any further or additional facts to those disclosed in the former proceedings before the commission and on review in this com”', but on the contrary clearly discloses a lack of jurisdiction