Case law

VANDELAY ENTERTAINMENT, LLC v. FALLIN

343 P.3d 1273 · 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.

Harding v. Taylor

272 P.2d 443 · Supreme Court of Oklahoma · Jun 15, 1954

During the trial of that case the court appointed a qualified surveyor who, after a *444 survey of the property, reported his findings to the court. … Clearly then, the issue adjudicated in that action was that Taylor had no right or claim to any ground to the west of the 908.4 foot boundary.

State Ex Rel. Hunzicker v. Pulliam

168 Okla. 632 · Supreme Court of Oklahoma · Jun 19, 1934

St., relating to the computation of time, was intended to establish a uniform rule, applicable to the construction of statutes as well ar, to matters of practice.” … L. 1923, shows clearly that the same is in its nature an act by the Legislature' granting certain police power to municipal corporations.

Thompson v. Cooper

192 Okla. 237 · Supreme Court of Oklahoma · Jan 26, 1943

We find no merit in the suggestion that the witness was not qualified. … Its fair interpretation, together with the whole conduct of the trial, discloses clearly the theory of plaintiff as already stated above.

Price v. Price

302 P.2d 772 · Supreme Court of Oklahoma · Oct 16, 1956

establish the unfitness of the parent to have such -custody, and that -the welfare of . the child requires that the parent he- deprived of such custody; citing Ex parte Harley, 207 Okl. 71 , 247 P.2d 508 ; Marcum v. … While this is the. general rule, we' have-also held that while the right of a parent to eustody of her minor child is of great importance in determining right to custody, it is not an absolute right, and is qualified- by

Tapley v. Patton

349 P.2d 507 · Supreme Court of Oklahoma · Feb 9, 1960

It is not disputed that both the plaintiff and the defendant were both qualified real estate brokers under Oklahoma law. … Ray, Okl., 340 P.2d 255 , wherein this well established rule is clearly announced. The plaintiff cannot complain of the instructions to the jury.

Rice v. State Ex Rel. Short

108 Okla. 4 · Supreme Court of Oklahoma · Dec 9, 1924

This contract does not, as did the Utah contract, clearly show that its purpose is solely the contracting of convict labor; furthermore the Utah court' in the more recent case of Utah Mfrs. Ass’n v. … Mabey, supra, the court said: “We are clearly of the opinion that nothing proposed in the resolution is prohibited by this section of the Constitution. Neither do we think the opinion in Price v.

Hapke v. Hapke

93 Okla. 180 · Supreme Court of Oklahoma · Nov 6, 1923

Hapke is a duly acting and qualified executor of said estate. The defendant, Henry B. … insufficient to establish a contract for hire or for services.

Missouri, K. & O. R'y Co. v. Ferguson

21 Okla. 266 · Supreme Court of Oklahoma · May 15, 1908

it does not appear that there was anything unlawful or intrinsically dangerous in the work of fencing defendants’ right of way, or that the undertaking was such that an injury would necessarily result therefrom, we are clearly … independent contractors to burn inflammable matter on their premises, without liability under the rule respondeat superior for injury resulting therefrom, a railway company under similar circumstances would enjoy the same immunity

Cherokee Nation v. Nomura

160 P.3d 967 · Supreme Court of Oklahoma · May 22, 2007

Clearly, the Federal Act contemplates voluntary proceedings. … At the end of the hearing on November 10, 2005, the court also granted Nomura's request for a finding that he was immune from suit on grounds of sovereign immunity. 8 .

Cox v. Dawson

67 O.B.A.J. 542 · Supreme Court of Oklahoma · Feb 6, 1996

Section 1, as amended, or as may otherwise be established by law. … This date is clearly in error.

Glasco v. State Election Board

121 Okla. 119 · Supreme Court of Oklahoma · Jul 9, 1926

It will thus be seen that it was clearly the duty of the Legislature under the Constitution to enact a mandatory primary system for the nomination of all candidates for office, including district judges, and that duty having … It appears that the Constitution of that state provided that: "No person, except a qualified elector, shall be elected or appointed to any civil or military office in the state."

Garner v. City of Tulsa

651 P.2d 1325 · Supreme Court of Oklahoma · Sep 28, 1982

A firefighter in the Tulsa Fire Department who has qualified as an R.F.E.O. is deemed to hold the rank of R.F.E.O. for the purpose of receiving the benefits contemplated by § 49-109 of Title 11, Oklahoma Statutes (1971). … The public policy clearly enunciated in the Oklahoma statutes pertaining to collective bargaining and fire and police arbitration (11 O.S.Supp.1977, §§ 51-101, 51-111) is to accord to the permanent members of a police or

Case v. City of Tulsa

88 Okla. 233 · Supreme Court of Oklahoma · Feb 13, 1923

This last named statute clearly fixes the liability of the county for the fees of jurors in courts of record. … It is hard to perceive how the use of the English language could express a purpose any more clearly than is expressed by this language of the statute.

State Ex Rel. Department of Human Services v. Colclazier

950 P.2d 824 · Supreme Court of Oklahoma · Nov 10, 1997

DHS’ placement of an adjudicated deprived child from judicial review established in other sections of the Children’s Code. … Statutory construction is not necessary if the legislative intent is clearly expressed, Matter of Estate of Flowers, 848 P.2d 1146 (Okla.1993); and, if legislative intent is clearly expressed, the ordinary meaning of the

Burdick v. Independent School District No. 52

702 P.2d 48 · Supreme Court of Oklahoma · Jun 27, 1985

and if so, [3] Is the application of estoppel clearly contrary to the principles of equity jurisprudence or to the weight of the evidence? … The public interest clearly favoring the position of the Burdicks is that of promoting continuity of attendance once a residential status has been honestly established and openly maintained in a given school system, and there

Public Service Co. of Oklahoma v. Northeastern Oklahoma Electric Cooperative, Inc.

49 P.3d 80 · Supreme Court of Oklahoma · Apr 24, 2002

The intended effect of section 21-112 is to immunize annexation ordinances from attacks based on procedural defects by making the recording in the county clerk's office conclusive evidence of the regularity of the proceedings … Here there was no ordinance in effect-only an ineffective attempt to annex. ¶ 6 Clearly the newspaper account of the council meeting, carrying no legal description of the land sought to be annexed, cannot qualify as the publication

In Re Enochs' Estates

322 P.2d 197 · Supreme Court of Oklahoma · Feb 18, 1958

Gammel, or the nominee, Federal National Bank of Shawnee, is duly qualified to discharge the duties of the trust. … The right of the Federal National Bank to serve as administrator of Lorraine Gammel Enochs’ estate is clearly demonstrated to be founded upon the written request of Odell A.

OKLAHOMA AUTOMOBILE DEALERS ASSOC. v. STATE ex rel. OKLAHOMA TAX COMM.

2017 OK 64 · Supreme Court of Oklahoma · Aug 31, 2017

No one presently enjoying a tax exemption will be immune from this procedural vote. … The qualified electors 'levy' a tax when they vote to impose it." Id.

Nunley v. Loftis

100 Okla. 46 · Supreme Court of Oklahoma · Oct 9, 1923

Loftis of Texola, in the state of Oklahoma, and a qualified person did at public auction held in the city of Sayre in the state of Oklahoma, enter into a contract of purchase from the Commissioners of the Land Office of the … The authorities and statute cited would clearly prohibit the rendition of such a judgment -as prayed for by plaintiff in error, defendant below, in his cross-peth tion.