Case law

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.

Cortex Drilling Co. v. Henning

149 Okla. 72 · Supreme Court of Oklahoma · Apr 21, 1931

It is also conceded that if the court finds there is evidence to support the finding as to 15 per cent, loss of the left eye, the award is correctly entered for a percentage of the loss of vision of both eyes under the established … Guthrie, it was clearly possible for the condition found to exist in the left eye to be so caused. We, therefore, conclude that there is competent evidence to sustain the finding of the Commission.

York v. Trigg

87 Okla. 214 · Supreme Court of Oklahoma · Jul 25, 1922

It is clearly established by the evidence introduced that Jerome B. York, husband of the plaintiff, was a man of extraordinary business ability, intelligent, competent, and successful as a business man. … The evidence in this action clearly establishes the fact that for 30 years prior to th'e death of Jerome B.

Special Indemnity Fund v. Figgins

63 O.B.A.J. 1377 · Supreme Court of Oklahoma · May 5, 1992

Unless a contrary intent clearly appears or is plainly expressed, the terms of amendatory acts retaining the same or substantially similar language as the provisions formerly in force will be accorded the identical construction … We presume that the Legislature is cognizant of our prior jurisprudence 28 establishing the definition of a major member as an arm, a hand, a leg or a foot.

Thompson v. Presbyterian Hospital, Inc.

652 P.2d 260 · Supreme Court of Oklahoma · Nov 1, 1982

The injuries clearly could not have happened except for the unforeseeable and hence supervening negligence of the anesthesiologist. 2. … Walker, 33 the Court established a tripartite test for determining whether a new constitutional rule should be applied retroactively.

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.

Glasco v. STATE EX REL. OKLAHOMA DOC

188 P.3d 177 · Supreme Court of Oklahoma · Jul 7, 2008

FACTS AND PROCEDURAL BACKGROUND ¶ 2 The evidentiary material in the appellate record establishes the following undisputed facts. … For instance, § 152.1 waives governmental immunity only in the manner provided in the GTCA and § 154 restricts and limits governmental liability.

Helm v. State Election Board

589 P.2d 224 · Supreme Court of Oklahoma · Jan 8, 1979

We conclude that Helm has established the burden of proof she assumed under 26 O.S.1974 Supp., § 8-120, supra. … For those counties which employ paper ballots, the legislature by enacting 26 O.S.Supp.1978, § 7-127 1 has clearly established the rules which govern the counting and recounting of votes.

BRAITSCH v. CITY OF TULSA

436 P.3d 14 · Supreme Court of Oklahoma · Dec 18, 2018

Braitsch has not established her right to substantive due process was violated by the provisions of 85A O.S. § 89. B. … However, determining what enumerated subject was violated is immaterial because Braitsch cannot establish 85A O.S. § 89 is a special law. ¶ 10 In order to have a special law you need to first establish a class of similarly

VANDELAY ENTERTAINMENT, LLC v. FALLIN

2014 OK 109 · Supreme Court of Oklahoma · Dec 16, 2014

Id. ¶22 A qualified privilege is also one in which the burden falls upon the government entity asserting the privilege. Id. at 1053. … Constitution, I write separately to specify the nature of the privilege and to more clearly highlight its boundaries.

Allen v. Reed

10 Okla. 105 · Supreme Court of Oklahoma · Mar 23, 1900

what precedes it, unless it clearly appears to have been intended to apply to some other matters. … These various provisions then clearly establish the fact that when congress enacts any law which it intends to be of a temporary character, it expressly so states in the act itself.

MULTIPLE INJURY TRUST FUND v. MACKEY

2017 OK 75 · Supreme Court of Oklahoma · Sep 26, 2017

Everyone who qualified as "physically impaired" under the prior version of the law will still qualify. … 96 P.2d 526, 529 ("The general rule of construction appears to be that a proviso which is a limitation of a preceding general provision will be held to affect or limit the immediate clause or general statement, unless it clearly

Pic Oil Co., Inc. v. Grisham

702 P.2d 28 · Supreme Court of Oklahoma · Apr 30, 1985

Accordingly, under the standard established in Lambrecht v. … Once such remuneration was paid, the sale could no longer qualify for the limited offering exemption of 71 O.S. § 401(b)(15)(A).

Oklahoma Employers Safety Group v. Colbert Nursing Home, Inc.

954 P.2d 120 · Supreme Court of Oklahoma · Jul 8, 1997

When it passed § 149.1.C the Legislature established a policy that such employers have no rights under state securities law. … Houser , and Miller also involved breaches by parties who, by those breaches, had clearly hurt their opponents in the litigation.

Boos v. Donnell

421 P.2d 644 · Supreme Court of Oklahoma · Oct 25, 1966

Section 544.1 authorizes the governing board of any municipality to establish and maintain a municipal hospital. … Title 59 O.S.1961, §§ 481 through 518, relate to individuals who qualify and are licensed to practice by the Board of Medical Examiners.

SAUNDERS v. SMOTHERS

454 P.3d 746 · Supreme Court of Oklahoma · Sep 10, 2019

Tenant argued that the teachings of Miller clearly impose a duty on the Landlord to maintain a functioning hot water heater, especially in light of the regulatory requirements. … We unequivocally disavowed this inequitable and archaic doctrine which previously immunized residential landlords from tort liability to tenants.

Joseph P. Kennedy, Jr., Foundation v. Oklahoma Tax Commission

360 P.2d 243 · Supreme Court of Oklahoma · Feb 28, 1961

Second, the Commission found that the Foundation transacted business for profit and on the basis of such finding concluded that the Foundation did not qualify for exemption. … As such it has the privileges and immunities of a domestic corporation of Oklahoma, and a bequest to it is exempt from estate taxes under 68 C.S.1951, § 989f(I). *246 “A foreign corporation properly licensed to do business

R. J. Edwards, Inc. v. Hert

504 P.2d 407 · Supreme Court of Oklahoma · Nov 28, 1972

Article 9 of the order establishing the Oklahoma Bar Association, cited supra, established a Board of Bar Examiners, gave it authority over admissions to the bar, and the making of rules governing admissions, subject to the … “It cannot be denied that the public suffers, as does both the public image of the legal profession and our judicial system, when those not qualified to do so are permitted to hold themselves out as qualified to practice

In Re Initiative Petitions Nos. 112 to 118

154 Okla. 257 · Supreme Court of Oklahoma · Feb 2, 1932

If all the requirements are met and shown on the face of the petition, it is then established as a provisional procedure. … If the affidavit of the circulator establishes nothing, why require it?

Tax/Investments Concepts, Inc. v. McLaughlin

670 P.2d 981 · Supreme Court of Oklahoma · Nov 16, 1982

TIC does not seriously contend that it was qualified to make a “supervised loan,” or that it complied with the disclosure requirements of UCCC, but rather asserts that the loan was not a “consumer loan” within the meaning … Whatever may have been the law in this respect prior to the enactment of the Uniform Commercial Code, the UCC (12A O.S.Laws 1961, § 9-501) clearly provides that the act of the secured party in levying or executing on the