Case law

Renfrow v. United States

3 Okla. 161 · Supreme Court of Oklahoma · Jul 27, 1895

There is such a thing as a qualified citizenship. In Eells v. … Ross, supra, in speaking upon the question of citizenship, under the act of 1887, the court says: “The act of 1887, which confers citizenship, clearly does not emancipate the Indians from all control. * * Section 3 provides

Thielenhaus v. Thielenhaus

890 P.2d 925 · Supreme Court of Oklahoma · Sep 25, 1995

The Court of Appeals affirmed the trial court’s resolution of all these disputed issues, holding that it is not clearly contrary to the weight of the evidence. … Before any price tag can be placed upon the divisible retirement component, the trial court must first establish its valuation date.

Robertson and Blair v. Co. Commissioners Grant

14 Okla. 407 · Supreme Court of Oklahoma · Sep 3, 1904

election, and the commissioners did not declare it the duly elected county seat, and ordered a second election, such order would be a refusal to order the removal of the county seat, within the spirit of the law; and we are clearly … General allegations which show that 'a certain number of ballots were legal ballots, that they were cast by persons qualified to vote at such election, (stating the facts which show their qualifications) that such ballots

KMC Leasing, Inc. v. Rockwell-Standard Corp.

71 O.B.A.J. 1763 · Supreme Court of Oklahoma · Jun 27, 2000

We find the facts of Sholer clearly distinguishable from the instant facts. … The record establishes only four of the named plaintiffs purchased during this operative ten month period.

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.

Incorporated Town of Sallisaw v. Priest

61 Okla. 9 · Supreme Court of Oklahoma · Jul 25, 1916

The evidence in this case clearly establishes that on the land taken by plaintiff in error there was located a living spring of water which flowed across the land of defendant in error. … the plaintiff in error claims that the trial court erred in permitting several witnesses to testify as to the value of the farm from which the land condemned was taken without requiring such witnesses to show themselves qualified

Autumn House v. State ex rel. Oklahoma Tax Commission

62 O.B.A.J. 2170 · Supreme Court of Oklahoma · Jul 9, 1991

enactment 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." .See Baptist Health

Ex Parte Hudspeth

271 P.2d 371 · Supreme Court of Oklahoma · Jun 1, 1954

The argument to support this contention is based upon the language of several of our earlier decisions,1 all holding to the effect that to justify a court in depriving a parent of his child’s custody the evidence must clearly … Thus, there being no evidence establishing his unfitness, it was reversible error for the trial court to refuse to issue the writ.

STATE ex rel. PRUITT v. NATIVE WHOLESALE SUPPLY

2014 OK 49 · Supreme Court of Oklahoma · Jun 10, 2014

John Cordes, Inc. , 1999 OK 36, ¶14 , 981 P.2d 301, 306 . 7 The settled-law-of-the-case doctrine is firmly established. Wellsville Oil Co. v. … from suit in state court based on tribal immunity; and the Indian Commerce Clause does not bar enforcement of the MSACA against Native Wholesale Supply.

STATE ex rel. PRUITT v. NATIVE WHOLESALE SUPPLY

338 P.3d 613 · Supreme Court of Oklahoma · Jun 10, 2014

John Cordes, Inc. , 1999 OK 36, ¶14 , 981 P.2d 301, 306 . 7 The settled-law-of-the-case doctrine is firmly established. Wellsville Oil Co. v. … from suit in state court based on tribal immunity; and the Indian Commerce Clause does not bar enforcement of the MSACA against Native Wholesale Supply.

State v. Alford

347 P.2d 215 · Supreme Court of Oklahoma · Nov 24, 1959

to the report, averring, among other things, that the court was without jurisdiction in the action because it was against the State, which had never given its consent to such suit, or, in any manner waived its sovereign immunity … I am of the conviction that the facts presented by this case clearly serve to distinguish the case from Hawks v. Walsh, supra, and those cases which follow said case.

City of Enid v. Reeser

330 P.2d 198 · Supreme Court of Oklahoma · Sep 16, 1958

Under the clearly expressed rule it is "wholly incompetent. … Lehrer, was a qualified expert witness. He could testify as to things he knew and no doubt could express opinions based upon facts proven at the trial.

Atchison, T. & S. F. Ry. Co. v. Baker

37 Okla. 48 · Supreme Court of Oklahoma · Feb 18, 1913

In 16 Cyc. p. 1088, the rule is stated thus: “Facts may be established by evidence thereof given on a former trial, provided the court is satisfied: (1) That the party against whom the evidence is offered, or Iris privy, … At the first trial, this evidence was introduced to show clearly and beyond the peradventure of a doubt that plaintiff was guilty of contributory negligence.

Darnell v. Higgins

140 Okla. 31 · Supreme Court of Oklahoma · Sep 10, 1929

S. 1921, and section 10321, Id., qualified electors of any part of a school district, aggrieved by reason of an order made by the county superintendent of public instruction attaching certain adjacent territory to a consolidated … S. 1921, primarily relates to and provides the procedure for establishing a consolidated school or district, but contains the following material proviso which concerns and authorizes the attaching of territory to a consolidated

Terrell v. Scott

129 Okla. 78 · Supreme Court of Oklahoma · Sep 27, 1927

If so plain a proposition required any authority to support it, it is clearly maintained in United States v. Hooe, 3 Cranch, 73 , 2 L. Ed. 370 . … It does not consider the estate of the mortgagee as defeated and, reduced to a mere lien, but it treats it as a trust estate, and, according to the intention of the parties, as a qualified estate, and security.

County of Okmulgee ex rel. Board of County Commissioners

368 P.2d 502 · Supreme Court of Oklahoma · Jan 23, 1962

A qualified witness testified that the fair market value of the land prior to reconstruction of the highway was $30.00 an acre, or $3,210.00, and that the value of the house was $3,500.00; that following and as a result of … Assuming that the alleged fact of a building site was not clearly established or if established that the value thereof was not proved, there would remain competent evidence showing that plaintiffs’ damages were approximately

Claxton v. Barrowman

266 P.2d 966 · Supreme Court of Oklahoma · Jan 12, 1954

Plaintiff objected upon the grounds he already was qualified, and refused to take such examination. … Rather, examination of the various sections clearly reveals that the state was enacting positive legislation regulating the plumbing business in every city or town within the territorial limits of the state having in population

Reynolds v. Special Indemnity Fund

725 P.2d 1265 · Supreme Court of Oklahoma · Sep 23, 1986

This is so because, as reflected by the quantum of the settlement award, the reopening claim against the employer clearly was time barred. … [The Court of Appeals apparently omitted the 2.2% disability established by the joint-petition settlement.]

Lum v. Lee Way Motor Freight, Inc.

757 P.2d 810 · Supreme Court of Oklahoma · Nov 10, 1987

Clearly the Western Hardware agreement was retrospective. … Lee Way did, in fact, obtain insurance with a qualified carrier for injuries incurred after August 6, 1984. On August 29, 1984, PepsiCo withdrew its guaranty. 34 .

Bonnett v. State Ex Rel. Newer

47 Okla. 503 · Supreme Court of Oklahoma · Jun 1, 1915

Board of County Commissioners, 5 Okla. 570 , 49 Pac. 1012 ), the same seems to be judicial in its nature, and clearly within the power of the board to perform. Brazell et al. v. … Clearly, as the former act establishes courts immediately upon its taking effect and refers to conditions then existing, while the latter act establishes *513 nothing at the time but authorizes future action only, and as