Case law

Pennington v. Newman

36 Okla. 594 · Supreme Court of Oklahoma · Jan 7, 1913

Pennington is the duly appointed, qualified, and acting administrator of the estate *595 of W. M. Newman, deceased. … The record clearly shows that prior to the appointment of an administrator, Joe Newman and W. E. Newman, adult sons of the deceased by a former wife, and Mrs. Lillie A.

Vera State Bank v. Young

147 Okla. 68 · Supreme Court of Oklahoma · Dec 30, 1930

Young, who qualified himself fully to speak on the subject. And barring a discrepancy, which is unimportant, his testimony bore out the value fixed in plaintiffs’ petition. … Perhaps the ground for referring to this section was that the proof did not establish general damages, but tended only to establish special damages.

Lloyd v. State Ex Rel. Department of Highways

428 P.2d 261 · Supreme Court of Oklahoma · Apr 25, 1967

The expert witnesses of .the plaintiff were shown to be qualified and the amount of damages awarded by the court was within the range of the expert testimony presented. … In our opinion the trial court’s determination of the facts and judgment thereon in the amount of $15,000.00 is not clearly against the weight of the evidence, but to the contrary, is fully supported by competent evidence

Oklahoma County, Excise Board v. Kurn

189 Okla. 203 · Supreme Court of Oklahoma · Jul 1, 1941

Clearly, sections 9 and 10 of art. 10 of the Constitution do not conflict with the provisions of section 26, art. 10, and both sections are intended for different purposes. Board of Education of Oklahoma City et al. v. … In deciding this question we must therefore call into aid the established rules we have heretofore adopted in construing constitutional provisions in general.

Triangle Fraternity v. City of Norman, Ex Rel. Norman Board of Adjustment

73 O.B.A.J. 2914 · Supreme Court of Oklahoma · Oct 15, 2002

Even if the question of whether the nonconforming use had changed were not reviewed de novo, under the evidence presented, the Board’s decision was arbitrary and clearly erroneous and the judgment of the trial court clearly … (b) Re-established after discontinuance for two years. (c) Extended except in conformity to this Ordinance.

Mailath v. State Ex Rel. Oklahoma Board of Bar Examiners

752 P.2d 803 · Supreme Court of Oklahoma · Mar 1, 1988

Following a two-day inquiry the Board determined that Mailath failed to establish he was ethically fit to practice law. He now seeks relief from the Board’s post-hearing rejection. … and lastly 3) Is the applicant ethically qualified to seek bar admission by examination? To the first question we give an affirmative answer; to the second and third, a negative one.

Sorge v. Graham

312 P.2d 929 · Supreme Court of Oklahoma · Apr 30, 1957

Plaintiff further contends that the opinion evidence given by the lay witnesses above mentioned was incompetent for the reason that the witnesses were not qualified to testify as experts. … We cannot say that the judgment is clearly against the weight of the evidence. It will therefore not be disturbed on appeal. Judgment affirmed. WELCH, C. J., CORN, V. C.

Lee v. Swyden

319 P.2d 1009 · Supreme Court of Oklahoma · Dec 24, 1957

Oklahoma Gas & Electric Co., 120 Okl. 182 , 250 P. 926 , that a stockholder of a corporation, which is the defendant in a personal injury action is not qualified to sit as a juror in the trial of such action, such ownership … must be clearly established.

Gayer v. Roddie

155 Okla. 27 · Supreme Court of Oklahoma · Feb 2, 1932

All that may be conceded, but it does not qualify the right of the court appointing the receiver to have the estate administered by its receiver. … It does not follow that because leave is given to establish a claim, thereby leave is given to enforce it.

Ply v. National Union Fire Insurance Co.

74 O.B.A.J. 3240 · Supreme Court of Oklahoma · Nov 12, 2003

Clearly the truck did not contribute to his injuries. … Kansas City Fire and Marine Insurance Co., 1993 OK 32, ¶ 12 , 849 P.2d 407, 411 , and that a person qualifying as an insured is entitled to recover not only under his or her own UM policies but also under the UM endorsement

City of Guymon v. Butler

75 O.B.A.J. 1489 · Supreme Court of Oklahoma · May 25, 2004

The district court found that the project qualified as a public project and the expenditures were for a public purpose. … If consent is not required, clearly no written agreement is required. 29 Proposition V maintains that the City failed to heed the advice of the Oklahoma State Bond Advisor.

TXO Production Corp. v. Oklahoma Corp. Commission

829 P.2d 964 · Supreme Court of Oklahoma · Apr 13, 1992

Under today’s construction, Oklahoma cannot maintain the status of rightful claimant to the funds in contest here as against those who may qualify under the Texas priority regime. … The Corporation Commission and the Tax Commission are to establish, administer and enforce rules and regulations and shall establish procedures for the full coordinated implementation of this act....” 27 .

Byford v. Town of Asher

65 O.B.A.J. 1634 · Supreme Court of Oklahoma · May 10, 1994

The terms of 13 O.S. 1991 § 32 establish the duty owed to a passenger by a carrier for hire. … Establish and change the grade of any street, avenue, lane, alley or other place; 4.

Armstrong v. Phillips

82 Okla. 82 · Supreme Court of Oklahoma · Mar 8, 1921

equitable cognizance the findings and judgment of the trial court will not be disturbed unless clearly against the weight of the evidence. … It clearly negatives the idea of any action on the part of the clerk.

BOATMAN v. BOATMAN

2017 OK 27 · Supreme Court of Oklahoma · Apr 4, 2017

A balancing of the equities considering the means of each party does not qualify Mother for attorney fees because a disparity in the respective incomes of the parties is a factor that may be taken into account. 26 The trial … court's order that each party pay their own fees was not a clearly erroneous conclusion against reason and evidence.

MULLENDORE v. MERCY HOSPITAL ARDMORE

2019 OK 11 · Supreme Court of Oklahoma · Mar 12, 2019

We next consider whether Mullendore met her burden in establishing that her injury fits the definition of "accident" under § 2(9)(a). … Zimmer, Inc. , 2006 OK 98 , ¶ 32, 152 P.3d 861, 874 (declaring 63 O.S.Supp.2003 § 1-1708.1E--which required plaintiffs in medical malpractice tort suits to consult with, and to obtain a written opinion from, a qualified

State Ex Rel. Fent v. State Ex Rel. Oklahoma Water Resources Board

74 O.B.A.J. 963 · Supreme Court of Oklahoma · Mar 18, 2003

the individual defendants-on the grounds of Eleventh Amendment immunity. … Although § 373 refers only to a "municipality" in the context of naming the affected public body as a defendant, it was clearly the intent of the Legislature that any governmental body on whose behalf a gui tam action is

De Roin v. Whitetail

312 P.2d 967 · Supreme Court of Oklahoma · May 28, 1957

Clearly, this section treats only of kindred of the half blood, for it is their rights alone which are therein defined and limited. … Here the words `all those' clearly refer to their antecedents in the sentence `kindred of the half blood.'

Allen v. Allen

201 Okla. 1 · Supreme Court of Oklahoma · Sep 21, 1948

He contends that all the provisions of the second paragraph of the contract quoted above clearly referred to situations arising only while he was employed by Chrysler Corporation, and that upon the severance of such employment … In other words, willingness on the part of the insurance companies to write such insurance may be presumed, if defendant is physically qualified, and financially able to pay the premiums.

Peed v. Gresham

53 Okla. 205 · Supreme Court of Oklahoma · Mar 7, 1916

In the petition praying for the issuance of the writ the relators, defendants in error here, allege in substance that they are qualified electors and citizens of said city of Collinsville; that the recall petition was circulated … The case is therefore governed by the well-established principle that whenever any person or persons have authority to hear and determine any question, their determination is, in effect, a judgment having all the incidents