Case law

TAY v. GREEN

509 P.3d 615 · Supreme Court of Oklahoma · Apr 19, 2022

Moreover, Section 3 establishes when and to whom dispensaries may begin recreational-marijuana sales and requires the marijuana regulatory agency to adopt regulations authorizing residential delivery. ¶5 Section 4 establishes … With respect to any qualifying "person who has completed his or her sentence for a conviction . . .

Board of Education of Dependent School District No. 23 Osage County v. Allen

615 P.2d 1009 · Supreme Court of Oklahoma · Aug 7, 1980

There is no established procedure for making the statutorily-contemplated determination of eligibility. … Although § 2-102 does not expressly deal with the qualifications for signing a school-related petition, we view the statute as clearly intended to govern, with equal force, the qualifications for signing § 8-106 petitions

Loftin v. Yancey

182 Okla. 313 · Supreme Court of Oklahoma · Sep 28, 1937

We will weigh the evidence, but we will not reverse the judgment of the trial court unless it lappears clearly to be against the weight of the evidence. Porter v. … We doubt whether the proponents actually established testamentary capacity. The attending physician refused to qualify as an expert on mental cases. His testimony w!as weak.

City of Woodward v. Raynor

29 Okla. 493 · Supreme Court of Oklahoma · Oct 17, 1911

of $30,000, and will levy a tax on all the property in the city of Woodward and on the property of this plaintiff, among others, to establish a sinking fund to pay the principal at maturity,” all of which he says will be … In passing we said: “To entitle defendant to a temporary injunction, it was necessary for her to show clearly and by proper averment in her cross-petition that plaintiff had done, or was threatening to do, some act which

State Ex Rel. Blankenship v. Freeman

440 P.2d 744 · Supreme Court of Oklahoma · Apr 23, 1968

Every State Officer specifically mentioned in Article VI, § 1, supra, is elected by the qualified voters of the entire State. … This is because it clearly does not fall within the class of records required by law to be kept or filed in a public office.

Yeager v. Farmer

549 P.2d 345 · Supreme Court of Oklahoma · Apr 6, 1976

The preliminary ruling of the trial court following the hearing clearly established the fact that Maxey’s testimony about the test results would not be admitted during any part of the trial for any reason. … A separate ramification of this absent testimony is that 47 O.S.1971, § 762 designates and limits those persons qualified to obtain blood samples taken under authority of the implied consent law. See, Raley v.

Cornell v. McAlister

121 Okla. 285 · Supreme Court of Oklahoma · Oct 12, 1926

For reversal, the plaintiff in error contends that the defendant John Rogers is not qualified to hold the office of State Examiner and Inspector because he does not hold a certified public accountant certificate, and that … consider the title of said act in connection with the provisions of section 57, article 5, of the Constitution of Oklahoma, which provides that every act of the Legislature shall embrace but one subject, which shall be clearly

Gentges v. Oklahoma State Election Board

319 P.3d 674 · Supreme Court of Oklahoma · Feb 11, 2014

The State Election Board's summary judgment eviden-tiary material established that Ms. Gentges possesses a valid photo Oklahoma drivers license. … The important qualifying language in question is "before it becomes a law."

Chickasha Cotton Oil Co. v. Lamb & Tyner

28 Okla. 275 · Supreme Court of Oklahoma · Mar 7, 1911

to serve from the second Monday of the following January until the second Monday of January four rears thereafter and until his successor shall be elected and qualified. … Walker, 25 Okla. 353 , 109 Pac. 544 , wherein it was said by the court: “That portion of the section reading, ‘and such other courts, commissions or boards, inferior to the Supreme Court, .as may be established by law/ clearly

Tibbets & Pleasant, Inc. v. Cook

143 Okla. 101 · Supreme Court of Oklahoma · May 6, 1930

It is; defendants’ second contention that “plaintiff’s witnesses were not shown to be qualified to testify as to the value of the animals in controversy as race horses,” etc. … We have read carefully the entire record in this case, and have considered the briefs of defendants, and we are clearly of the opinion that no substantial error has been pointed out in the trial of this case.

Cutler v. Territory of Oklahoma

8 Okla. 101 · Supreme Court of Oklahoma · Feb 11, 1899

This statute evidently establishes a rule in civil cases, and in some instances, probably, in the trial of criminal causes. … In our judgment, this statute does not establish *110 any new rule, but only announces an established rule. A district court consists of a judge, clerk, and other officers.

Kluver v. Weatherford Hospital Authority

64 O.B.A.J. 2009 · Supreme Court of Oklahoma · Jun 22, 1993

The Kluvers argue that the Act does not apply in this case because the hospital does not qualify as a political subdivision. … We found the trust to be illusory and denied statutory immunity to it under the Act.

Harmon v. Cradduck

286 P.3d 643 · Supreme Court of Oklahoma · Sep 18, 2012

The trial court disposed of Harmon's § 1983 claims on several grounds, including immunity under the United States Constitution. … Yet, Harmon's amended petition clearly designated the defendants "in their individual capacity to impose personal liability." Amended Petition, at p. 1.

Herndon v. Excise Board of Garfield County

147 Okla. 126 · Supreme Court of Oklahoma · Jan 20, 1931

Herndon maintained tbat be was tbe duly appointed and qualified judge of said court and under authority of Board of Ed. of Oity of Guthrie v. … It is not necessary that we adjudicate a repeal of the city court act in this action, and we decline to do so, for the reason that it is unnecessary for our conclusion, as more clearly appears. in the following established

Render v. Lillard

61 Okla. 206 · Supreme Court of Oklahoma · Jul 25, 1916

Although our statute renders such contracts invalid only in the qualified sense stated in Schechinger v. Gault et al., 35 Okla. 416 , 130 Pac. 305 (Ann. … Instruction No. 1 has no number or other notation at the top, and was clearly prepared and given strictly by the court.

Davis v. Moore

387 P.2d 483 · Supreme Court of Oklahoma · Oct 15, 1963

The instrument was drawn upon the customary printed form, and was prepared in the grantor’s, plaintiff’s presence by a qualified attorney. … This being an action of equitable cognizance, the finding of the lower court should be sustained unless it appears that its finding is clearly against the weight of the evidence. Atteberry et al. v.

Marcum v. Marcum

265 P.2d 723 · Supreme Court of Oklahoma · Jan 12, 1954

The court will not deprive a mother of the custody of her children where the record clearly shows that she is a fit person to have the custody and care of them, and award custody to the grandparents. … Ford, 206 Okl. 561 , 245 P.2d 75 , announced that the rule is qualified to the extent that where a change is made from the order previously made, there must be shown a change in the condition of the parties to justify such

Pray v. Kidd Williams Drilling Corporation

352 P.2d 380 · Supreme Court of Oklahoma · Mar 8, 1960

The evidence relied on by defendant to establish a condition precedent clearly contradicts the terms of the written contract, inasmuch as it attempts to relieve defendant of the liability imposed by the contract as to ^ths … Was defendant’s letter of March 19th, a qualified acceptance of the written contract, or a new proposal?

Holmes v. Nightingale

158 P.3d 1039 · Supreme Court of Oklahoma · Mar 20, 2007

Appellate courts' norm-making will concern itself primarily with conformity of ground rules to be established to the requirements of due process that must assure the adversary parties as well as the health-care providers … Provost, 359 F.Supp.2d 234 (N.D.N.Y.2005)(qualified protective order entered to make request for ex parte communication comply with HIPAA); Smith v. Am. Home Prods.

Agee v. Gant

412 P.2d 155 · Supreme Court of Oklahoma · Feb 15, 1966

The trial court believed the jury panel to be competent and qualified. In Kansas City Southern Railway Company v. … 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