Case law

Pelican Production Corp. v. Mize

573 P.2d 703 · Supreme Court of Oklahoma · Nov 29, 1977

It consists of the testimony of seven witnesses, most of whom qualified as experts in their particular fields, and documentary exhibits. Pelican presented the testimony of Mr. … We therefore hold that the judgment of the trial court refusing to grant the vari- *707 anee is clearly against the weight of the evidence.

Whitehead v. Tulsa Public Schools

69 O.B.A.J. 2510 · Supreme Court of Oklahoma · Jul 7, 1998

Clearly, until today extant jurisprudence and the clear language of 12 O.S.Supp. 1996, § 990A would have dictated the dismissal of this appeal as untimely. … SUMMERS, V.C.J., dissenting, joined by SIMMS, HARGRAVE, and WATT, JJ. ¶ 1 To qualify for the "mailing rule" the Legislature has written into law the requirement of sending the petition "by certified mail return receipt requested

HILL v. AMERICAN MEDICAL RESPONSE

2018 OK 57 · Supreme Court of Oklahoma · Jun 26, 2018

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with the Constitution. Id. … He asserts that mandatory use of the AMA Guides, Sixth Edition, is an arbitrarily-designed employer immunity that shifts the economic loss to an innocent injured employee.

OBI HOLDING COMPANY v. SCHULTZ-BUTZBACH AND THE WORKERS' COMPENSATION COMMISSION

2025 OK 55 · Supreme Court of Oklahoma · Sep 9, 2025

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary and capricious; 7. Procured by fraud; or 8. … A legislative act is presumed to be constitutional and will be upheld by this Court unless it is clearly, palpably and plainly inconsistent with the Constitution. Id . A.

IN RE INITIATIVE PETITION NO. 448, STATE QUESTION NO. 836; THE OKLAHOMA REPUBLICAN PARTY v. SETTER

2025 OK 56 · Supreme Court of Oklahoma · Sep 16, 2025

any qualified voter could vote for any candidate without regard to party affiliation. … If only two candidates for a covered office qualify to appear on the ballot, then those candidates would automatically advance to the general election.

Fitzpatrick v. McAlister

121 Okla. 83 · Supreme Court of Oklahoma · Jun 28, 1926

We now have before us an actual and clearly definfed problem with the provisions of the Constitution as our only rule for solution. … To our mind, it is so clearly correct ’ that no one has ever presumed to test its correctness in the courts.

Wilson v. Harlow

64 O.B.A.J. 2261 · Supreme Court of Oklahoma · Jul 13, 1993

However, Hargrave is clearly distinguishable from the case at bar, which concerns a corporation rather than a cooperative. … As our Constitution clearly commands, the commission’s exercise of rate-making authority may never be “questioned” anywhere else except on regular review prescribed by law.

Cook v. Morrison

270 P.2d 320 · Supreme Court of Oklahoma · May 4, 1954

The rule is well established that where a will has been admitted to probate the burden of proof rests upon contestants to establish lack of testamentáry capacity. … “It is not sufficient, to defeat a will, merely to establish that the testator was a victim of some delusion.

Washington v. World Publishing Company

506 P.2d 913 · Supreme Court of Oklahoma · Feb 20, 1973

Defendant, asserting the qualified privilege for publication of libelous statements about either “public officials” or “public figures” enunciated in New York Times Co. v. … Butts, supra, set out most clearly the kind of proof required for a “public figure” to recover damages for a defamatory falsehood when it said at 388 U.S. p. 155, at 87 S.Ct. p. 1991, at 18 L.

Blanchard v. Gordon

418 P.2d 678 · Supreme Court of Oklahoma · Sep 20, 1966

The deceased was the only person qualified to claim the homestead exemption as a matter of law but whether he actually signed the application for exemption is not shown by the evidence. … On the contrary, it appears that the deceased was clearly the more experienced and capable of the two.

ROUSE v. OKLAHOMA MERIT PROTECTION COMMISSION

345 P.3d 366 · Supreme Court of Oklahoma · Feb 17, 2015

The notice did not limit water condition only to a pH level, so Rouse's assumptions were clearly misplaced. … Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission. B.

Sproat v. Durland

2 Okla. 24 · Supreme Court of Oklahoma · Feb 2, 1894

That the plaintiff was at that time qualified in all respects to take public lands under the homestead laws of the United States. “10. … Dicks, 1 Ok. 82, seems to establish a different rule.

Johnson v. Riddle

41 Okla. 759 · Supreme Court of Oklahoma · Feb 10, 1914

The rale seems well established that, as said in Alluwee Oil Co. v. … “Relief will not be given in the courts from the decision of a town-site commission for a town in the Cherokee Nation in a contest arising on conflicting applications to purchase, or from the resulting patent, unless it clearly

Layne-Western Co. v. City of Depew

177 Okla. 338 · Supreme Court of Oklahoma · Jun 30, 1936

side of the municipal business, the consent of a majority of the qualified taxpaying voters of the city must be first given. … These cases overwhelmingly establish the rule in this state that the on’y emergency which can legalize contractual municipal expenditure in excess of constitutional limitations without the consent of the taxpaying voters

Liddell v. Heavner

180 P.3d 1191 · Supreme Court of Oklahoma · Jan 29, 2008

, 29 the Legislature, too, has defined fair cash value in terms of fair market value qualified by use. … Hence, a duly-enacted statute will be presumed to conform to the state and federal Constitutions and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. 41 A heavy burden rests on

Southwestern Bell Telephone Co. v. Oklahoma Corporation Commission

873 P.2d 1001 · Supreme Court of Oklahoma · Apr 13, 1994

If the legislator was hiring and firing, the immunity was that of an executive; but if a legislator or judge was engaged in lawmaking (or the judge in adjudication), absolute immunity applied. … "It creates preference and establishes inequity." Barrett v.

Meads v. Human

84 Okla. 82 · Supreme Court of Oklahoma · Dec 6, 1921

It is not safe to base a construction upon a particular word or phrase, for the language of legislative enactments is not always precise and accurate, and, besides, one portion may frequently be designed to extend, qualify … Hence, it is an established rule in the exposition of statutes’that the intention of' the lawgiver is to be deduced from a view of the • whole and of every part of a statute taken and compared together.

Application of Oklahoma Turnpike Authority

203 Okla. 335 · Supreme Court of Oklahoma · Jul 21, 1950

This clearly establishes that the turnpike project is the property of the State of Oklahoma. It cannot be mortgaged or incumbered. Only the tolls and revenues may be pledged to retire the bonds. In Sheldon v. … Johnston, 136 Okla. 301 , 278 P. 271 , holding merely that a privately owned toll bridge possessed no immunity from taxation, and Guthrie Daily Leader v.

Mouser v. Talley

375 P.2d 968 · Supreme Court of Oklahoma · Oct 2, 1962

The driver having been fully warned of the dust condition by one of the passengers, the others were clearly under no obligation to do more. … Averill Stowell, a qualified neurosurgeon, examined plaintiff June 7, 1956, and again saw he! June 25, 1956. She was in the hospital nineteen days, and the hospital records were produced in evidence. Dr.

M & M ENTERPRISES v. Kaul

383 P.2d 621 · Supreme Court of Oklahoma · Jun 11, 1963

From our examination of the record we cannot say that the judgment of the court is clearly against the weight of the evidence. Liberty Plan Co. v. Francis T. Smith Lumber Co., Okl., 360 P.2d 500 . … Furthermore plaintiff does not qualify as a subcontractor materialman by reason of its sale of the house to A. L. Gar-ver, Sr.-and/or Garver Moving Co.