Case law

Garnett v. Storm

64 Okla. 137 · Supreme Court of Oklahoma · Feb 20, 1917

Clearly the execution of the note and mortgage was not denied by verified answer, as counsel contend. … In our judgment, all of these instruments construed together clearly show that Chas. H.

Consolidated Flour Mills Co. v. Muegge

127 Okla. 295 · Supreme Court of Oklahoma · Sep 13, 1927

“The fact that the business carried on by a corporation is entirely interstate in its character does not render the corporation immune from the ordinary process of the courts of the state.’’ In the St. … The rule directly applicable to this case is clearly stated by tbe Supreme Court of Georgia in the case of Pickens Co. v. Thomas, 152 Ga. 648 , 111 S. E. 27 , 21 A. L.

PARSONS v. DISTRICT COURT OF PUSHMATAHA COUNTY

408 P.3d 586 · Supreme Court of Oklahoma · Dec 12, 2017

During the required period of hospitalization the Department of Mental Health and Substance Abuse Services shall have the person examined by two qualified psychiatrists or one such psychiatrist and one qualified clinical … The trial judge’s June 6, 2012, order clearly deviated from the aforementioned statutory language. Journal Entry, Orig. Rec., p. 17. 6 .

EZZELL v. LACK

480 P.3d 906 · Supreme Court of Oklahoma · Jan 26, 2021

The Court in ¶19 said: . . . it appears to us that it was clearly the intention of the framers of the Constitution, and the people in adopting the same, and of the Legislature in enacting laws to vitalize the provisions of … elections to be held on recall matters and certain state statutes control because the election was beyond a purely local concern. ¶34 The Oklahoma Constitution provides that any city with a population of more than 2,000 may establish

Matter of Estate of Eversole

65 O.B.A.J. 3662 · Supreme Court of Oklahoma · Oct 25, 1994

They sought either (1) to limit the estate’s contribution to the marital deduction trust to one-half of the estate’s value or (2) to establish their claims to intestate shares of the estate. … The will’s language clearly reveals that Eversole provided for each of his sons although perhaps not in the manner they might have hoped.

Housing Authority of the Choctaw Nation v. Craytor

600 P.2d 314 · Supreme Court of Oklahoma · Jun 26, 1979

The powers, duties, and responsibilities of the Housing Authority and its officers are established and defined in the Act, not be tribal law. … Each commissioner shall qualify by taking the official oath of office prescribed by statute or ordinance for elected officials of the county or city, as the case may be.” 4 .

Wolfe v. Killingsworth

87 Okla. 106 · Supreme Court of Oklahoma · Mar 21, 1922

Willmott, duly appointed and qualified as referee herein, and respectfully reports. to the court that at various’ times, commencing with -the 19th of March, 1918, and concluding on the 16th day of April, 1918, he heard all … The legal title being in the defendant, the burden is on the intervener to establish the trust; that is, that the title of the property was held by the defendant for G. E. Killingsworth.

State Ex Rel. Ruth v. Walker

122 Okla. 95 · Supreme Court of Oklahoma · Dec 7, 1926

for such nomination and qualified to go before the electors in the November election and qualified to hold the office if successful. … It must be conceded by all, however, that there are certain well-established principles of law which by analogy must be applied in all eases, and the case at bar is no exception.

OLIVER v. HOFMEISTER

368 P.3d 1270 · Supreme Court of Oklahoma · Feb 16, 2016

T9 To qualify for the scholarship, the student must meet specified eligibility requirements and the student's parent or legal guardian must follow the application process. … Supreme Court in Zelman was presented with whether the voucher program violated the Establishment clause of the U.S, Constitution.

Hinz v. Hubbard

95 Okla. 164 · Supreme Court of Oklahoma · May 22, 1923

providing that the elective officers shall be a commissioner of public affairs and safety, a commissioner of finapce and accounts, and a commissioner of streets and public property, each of whom shall be elected at large by the qualified … The court held that under, the well-established rules of construction the word “duties” in the latter part of the section referred to the “duties” mentioned in the first part hereof, to wit, the duties not specifically granted

Association of Classroom Teachers of Oklahoma City, Inc. v. Independent School District 89

540 P.2d 1171 · Supreme Court of Oklahoma · Sep 8, 1975

methods of administering employer-employee relations through the establishment of an orderly process of communication between school employees and the school district.” … If the panel or parties cannot agree on the arbitrator, they may turn to the American Arbitration Association of Federal Mediation and Concilliation Service for a list of qualified persons from -whom a final selection is

Kent v. School District No. 28, Stephens County

106 Okla. 30 · Supreme Court of Oklahoma · Jan 27, 1925

No effort was made and no tender of proof was offered to show that any person qualified to vote at the election failed to do :so hy reason of being misled or misinformed as to his rights to vote by the language of the notice … Since the findings, and decree of the court are not clearly against the weight of the .evidence, and' since the credibility of the witnesses was solely for the determination of the trial court, and no .error of law prejudicial

Shackelford v. Pool

156 Okla. 127 · Supreme Court of Oklahoma · Mar 1, 1932

He cites a lot of cases to establish that “office found” or “inquest” was not necessary, and that the statute declaring was all that was necessary. … The Attorney General especially asserts that he is not claiming immunity from suit or a failure to make necessary parties, but does insist on the rule that to justify “mandamus” it must appear that the right “must be clear

Cross v. Grant

204 Okla. 83 · Supreme Court of Oklahoma · Dec 26, 1950

On the question of value the testimony was adduced largely from friends and neighbors of the parties who were acquainted with land values in the vicinity of this land and who were qualified and competent to testify as to … On the question of fair consideration the judgment of the trial court is not clearly against the weight of the evidence. The testimony on which plaintiff largely depends to establish mental incapacity of Cleora G.

SCHIEWE v. CESSNA AIRCRAFT CO

546 P.3d 234 · Supreme Court of Oklahoma · Mar 12, 2024

--This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be brought after the applicable limitation period for such civil action established by subsection ( … The Instructions for Continued Airworthiness must contain a section titled Airworthiness Limitations that is segregated and clearly distinguishable from the rest of the document.

Bartlett v. American National Bank & Trust Co. of Sapulpa

680 P.2d 369 · Supreme Court of Oklahoma · May 11, 1984

we draw support from two principles of general trust law: (1) under these circumstances losses may be balanced against gains to the fiduciary estate and (2) consent of the beneficiary to trustee’s acts affords the latter immunity … A finding that she gave her consent to the first series of loans totaling $800,000 would hence not be clearly against the weight of the evidence.

Regents of University v. Board of Education

20 Okla. 809 · Supreme Court of Oklahoma · Apr 14, 1908

It may go to the University Preparatory School, or, when it is qualified, to a Normal School, Agricultural College, or the University.” … Okla. 1903, entitled “An act to establish and locate the University of Oklahoma”; that article 17, c. 77, Wilson’s Eev. & Ann. St.

Atchley v. Varner

138 Okla. 156 · Supreme Court of Oklahoma · Sep 17, 1929

And certainly the English cases usually referred to do not establish the proposition in express terms. There does not seem to be any objection, however, to the establishment of a trust in personal property by parol. … Clearly plaintiff cannot qualify as a locator either as contestant or contestee, nor can she qualify as an assignee of a claimant locator, for which reasons it is obvious that she is not of the class to whom a lease may have

Cook v. Bishop

764 P.2d 189 · Supreme Court of Oklahoma · Nov 1, 1988

Sec. 401(b)(15)(A)(2) and that Defendants therefore fail to qualify for the exemption provided in that section of the Oklahoma Securities Act. … The standard we apply for granting summary judgment in commission or other remuneration cases is, ... if the evidence is so clearly preponderant that it reasonably admits of but one conclusion, that the retained interest

Lane v. Hughes

408 P.2d 281 · Supreme Court of Oklahoma · Oct 19, 1965

The Legislature could clearly have limited the venue of a wrongful death action to the residence of the deceased. … In establishing the venue of a cause of action the Legislature has the right to consider not only the rights of the parties involved, but the more convenient forum.