Case law

Bernard v. McRay

89 Okla. 1 · Supreme Court of Oklahoma · Feb 6, 1923

Bernard, plaintiff, instituted this action in the district court of McIntosh county on the 15th day of September, 1917, against Robert McRay, defendant, to establish a trust agreement and to require the defendant to deed … The reason for the rule is that the trial judge is the only one qualified to pass upon such motions.

Trust Co. of Okl. v. State Ex Rel. Ddhs

66 O.B.A.J. 718 · Supreme Court of Oklahoma · Feb 21, 1995

The court issued an order establishing the supplemental needs trust. . See discussion, note 4, supra. . … State, 113 N.M. 646, 651 , 830 P.2d 563, 568 (1992) held that the state could not terminate benefits on the basis of the existence of a trust if it did not qualify as a medicaid qualifying trust.

Rasure v. Sparks

75 Okla. 181 · Supreme Court of Oklahoma · Jul 22, 1919

voters, and upon the further question of the number of qualified voters in the consolidated district. … The case is one coming clearly within see. 4907, Rev.

Melvin v. Dunn

607 P.2d 694 · Supreme Court of Oklahoma · Feb 26, 1980

The Board was improperly constituted as plead, and such fact denied the parties a hearing before individuals properly qualifying as Board members. … Direct testimony establishes the existence of a schedule here, and such a conclusion, although controverted, is not clearly against the weight of the evidence.

Freeman v. State Election Board

69 O.B.A.J. 3794 · Supreme Court of Oklahoma · Oct 27, 1998

Freeman, Jr. was not a qualified candidate for the office held by Richard W. … Thus, Freeman never became a “candidate” as that word is used in § 6-102, or otherwise, because he failed to qualify as a candidate under § 5-107. ■ ¶ 25 That Freeman might have succeeded in establishing he was not filing

Magnolia Petroleum Co. v. McGeeley

203 Okla. 470 · Supreme Court of Oklahoma · Oct 17, 1950

The rule applicable to these questions is well established. In Eagle Loan Co. v. … They did not qualify as experts as to the effects of salt water on soil, vegetation or water. It is doubtful if they were qualified to testify as to the value of the farm before and after the pollution by salt water.

Wilhelm v. Gray

766 P.2d 1357 · Supreme Court of Oklahoma · Feb 14, 1989

Under the Civil Rights Act, court clerks have absolute judicial immunity only when acting in a quasi-judicial capacity or under court order. … Williams, 474 U.S. at 341, 106 S.Ct. at 680 , where Justice Stevens' opinion concurring in judgment states that "the interest in freedom from bodily harm surely qualifies as an interest in `liberty'."

Grison Oil Corp. v. Corporation Commission

186 Okla. 548 · Supreme Court of Oklahoma · Feb 13, 1940

For if the opinion of a qualified expert is, in the absence of detail justifying the opinion, of sufficient probative force to support a decision, the mere omission of supporting details cannot be said to render the evidence … A witness qualified to express an opinion as an expert may do so either upon facts propounded to him in the form of a hypothetical question or from his own observation and knowledge of a given situation.

King v. Thompson

3 Okla. 644 · Supreme Court of Oklahoma · Feb 16, 1895

She further alleges that said board, in *646 making said award to Thompson, disregarded their duties and instructions in deciding adversely to her, and that her evidence before said board showed that she was a qualified claimant … powers over the decisions of the officers of the land department, on mere questions of fact, presented for their determination, and that it is only when those officers have misconstrued the law, applicable to the case, as established

Nixon v. Roberts

420 P.2d 898 · Supreme Court of Oklahoma · Nov 1, 1966

named in groups ‘A’ and ‘B’ shall have such number of regular or technical deputies, assistants, * * * whatever title the principal officer may ascribe to the duties or functions to be performed as authorized by law and clearly … assistant and would not continue as assistant at the reduced salary, and no qualified replacement could be secured; and that the reasons given by defendants for their action were personal and did not pertain to their legal

State Ex Rel. West v. Farmers' Nat. Bank of Cushing

47 Okla. 667 · Supreme Court of Oklahoma · Jun 22, 1915

Ed. 841 , it was said: ‘The second defense set up in the answer, as we have seen, is that the defendant below became a national bank under the authority of the act of Congress of 1864, * * * and thereby acquired immunity … The court found that the plaintiff in error (defendant below) did become a national bank doing a banking business under the laws of the United States, but decided that it did not thereby acquire an immunity from liability

City of Ardmore v. Donham

328 P.2d 438 · Supreme Court of Oklahoma · Jul 2, 1958

It will be noted that this latter description clearly describes land to the south of the county road right of way as now located. … Plaintiff’s evidence as to this issue merely established that the road has been in the same general location for the requisite number of years, and fell short of establishing that the use had extended as far south as the

Oklahoma Coca-Cola Bottling Co. v. Dillard

208 Okla. 126 · Supreme Court of Oklahoma · Jan 10, 1953

Kelso, a qualified medical expert, and that of Mr. … While the instruction given omits the requirement of expert testimony to establish the causal connection between the injury and alleged wrongful acts of the defendant, it clearly tells the jury that unless it finds that plaintiff

Kansas City Southern Railway Company v. Norwood

367 P.2d 722 · Supreme Court of Oklahoma · Oct 10, 1961

stated: “A large discretion is vested in the trial court in determining the competency and qualifications of jurors, and its action should never be disturbed by an appellate court, unless an abuse of such discretion is clearly … It is sufficient if it reasonably tends to establish such fact. Oklahoma Ry. Co. v. Wilson, 204 Okl. 90 , 227 P.2d 392 .

Beauchamp v. Oklahoma City

477 P.2d 51 · Supreme Court of Oklahoma · Oct 16, 1970

Plaintiff alleges that only qualified property tax paying voters were permitted to vote at the election, and thereby she was excluded from voting. … Tettleton clearly establishes that an action may be maintained to challenge the legality of a bond election prior to the performance of the Bond Commissioner.

Higgins v. Pipkin

348 P.2d 330 · Supreme Court of Oklahoma · Dec 22, 1959

While the right to submit cases such as the instant case to a jury is established by 58 O.S.1951 § 735, the verdict of the jury is merely advisory and the court must ultimately determine all questions of fact as well as law … The judgment appealed from is not clearly against the weight of the evidence and for said reason will be permitted to stand. Affirmed. WILLIAMS, V. C. J., and WELCH, HALLEY, BLACKBIRD, JACKSON and IRWIN, JJ., concur.

In Re Pipkin's Estate

348 P.2d 330 · Supreme Court of Oklahoma · Dec 22, 1959

While the right to submit cases such as the instant case to a jury is established by 58 O.S. 1951 § 735, the verdict of the jury is merely advisory and the court must ultimately determine all questions of fact as well as … The judgment appealed from is not clearly against the weight of the evidence and for said reason will be permitted to stand. Affirmed. WILLIAMS, V.C.J., and WELCH, HALLEY, BLACKBIRD, JACKSON and IRWIN, JJ., concur.

Champlin Petroleum Co. v. Board of County Commissioners

526 P.2d 1142 · Supreme Court of Oklahoma · Sep 17, 1974

Facts found in the petition, and for purposes of this appeal must be considered as correct, establish: Champlin held a pipeline right of way under which it owned and operated a pipeline used to move gasoline and other hydrocarbon … all the powers they possess, prescribe all the duties they owe, and impose all the liabilities to which they are subject.’ ” “This state has long been committed to the rule, without a single exception, that the State is immune

Ashland Oil, Inc. v. Corporation Commission

595 P.2d 423 · Supreme Court of Oklahoma · Feb 6, 1979

Additionally, as the Commission correctly points out, the Court in Minshall clearly limited its consideration to the application of 52 O.S.Supps.1965-1969, §§ 309-315 on the question of an operator’s responsibility and did … By its order against Ashland, the Commission has not granted immunity to other possible offenders. Ashland may not rely upon the possible shortcomings of others to evade their own obligation.

Relf v. Thompson

188 Okla. 209 · Supreme Court of Oklahoma · Oct 29, 1940

The burden rested upon plaintiff to establish this contention by clear, cogent, and convincing proof, and this she did not do. … Clearly the assignment was defeasible, and all parties agreed that all money advanced under it was repaid.