Case law

Kunc v. Harper-Turner Oil Company

297 P.2d 371 · Supreme Court of Oklahoma · Apr 3, 1956

In this case the evidence clearly shows reasonable notice. * * * tf The rule ,is well established that-where lessors seek the cancellation of a. lease on the, ground; that it has not been properly developed, the lessors must … Other qualified witnesses testified that the lessee had developed the lease in a prudent manner.

City of Lawton v. Wilson

127 Okla. 40 · Supreme Court of Oklahoma · Sep 27, 1927

Darcey, who qualified *42 as a sanitary engineer. This witness stated that .in the year of 1923 or 1924 he had visited and inspected the sewage disposal plant of the defendant. … In our judgment, the evidence clearly showed ■that the city was negligent in the manner in which it conducted the said disposal plant.

Spann v. State Ex Rel. McClain County Free Fair Ass'n

152 Okla. 60 · Supreme Court of Oklahoma · Sep 15, 1931

Clearly the Legislature recognized the right of the comm'is-'sioners. The mandamus did not. … Clearly the Legislature recognizes that the taxes should be levied by sworn officials anjd granted permission to the excise board so to do In a proper case.

Poteete v. MFA Mutual Insurance Company

527 P.2d 18 · Supreme Court of Oklahoma · Sep 17, 1974

After this insurance policy was issued, Poteetes made improvements on their property and were advised by the agent, that it was possible that the property would now qualify for a homeowner’s policy. … MFA next alleges that the Poteetes failed to produce sufficient evidence to establish the amount of damages sustained to their property.

Newbern v. Farris

149 Okla. 74 · Supreme Court of Oklahoma · Apr 7, 1931

Courts of equity may adjust their decrees so- as to meet most, if not all, the exigencies which may arise; and they vary, qualify, restrain, and model the rem- *78 ecly so as to suit it to tlie mutual and adverse claims controlling … Collison, 73 Okla. 232 , 175 Pac. 762 , as follows: “A resulting trust may be established by parol evidence, but the law requires that the proof necessary to establish it should' be of the most satisfactory kind; the onus

McDonald's Corp. v. Oklahoma Tax Commission

563 P.2d 635 · Supreme Court of Oklahoma · Apr 26, 1977

(Emphasis ours) The ultimate question in this appeal is whether, under the facts, Appellant qualifies as a manufacturer or processor under § 1305(p), supra. … City of Muskogee, 171 Okl. 635 , 44 P.2d 50 . *641 “Measured by this rule it clearly appears that appellant is not a manufacturer.

Lang v. Erlanger Tubular Corp.

206 P.3d 589 · Supreme Court of Oklahoma · Mar 10, 2009

Second, "the date of last order" must be established to mark the beginning of the limitation period. … Third, the date of the application to reopen the claim establishes whether it has been filed beyond the limitation period.

Huffaker v. Town of Fairfax

115 Okla. 73 · Supreme Court of Oklahoma · Nov 24, 1925

of the meeting of the trustees of the town of Fairfax on October 11, 1915, showing the passing and approving of a resolution directing the president to issue a proclamation calling an election to be held to submit to the qualified … The question of the jurisdiction of the Corporation Commission over public utilities with power to fix and establish rates and to prescribe rules, requirements, and regulations affecting their services, operation, and the

State Ex Rel. Hawkins v. Oklahoma Tax Commission

462 P.2d 536 · Supreme Court of Oklahoma · Jul 29, 1969

1 et seq. of *544 our State Constitution, together with 56 O.S.1961 § 178, the implementing legislation, it is reasonable to conclude that the State Assistance Fund is a trust fund, in the nature of a charitable trust, established … and maintained by the State of Oklahoma for the purpose of relief for unidentified individuals who qualify as members of the broad, general classes of the public described in Section 1 of Article 25, supra.

Frantz v. Autry

18 Okla. 561 · Supreme Court of Oklahoma · Jun 25, 1907

In our opinion, this contention is clearly untenable, and cannot be sustained by the authorities. In a territory the source of all power is congress. … Clearly, such is not the office, functions, and powers of the constitutional convention.

City of Muskogee v. Martin

61 O.B.A.J. 1928 · Supreme Court of Oklahoma · Jul 17, 1990

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor … A close reading of Marrs reveals Haworth’s reliance on the case was improper and Marrs is clearly distinguishable from the facts in the case at hand.

Spade v. Morton

28 Okla. 384 · Supreme Court of Oklahoma · Mar 21, 1911

Rep. 183 , the administrator had conveyed land upon a private sale, without publication of notice, and the court held, not, however, without criticism of the doctrine that had been established by the previous decisions of … The position occupied by the court in sales by guardians has been clearly defined by the decisions.

Cox v. Colbert

135 Okla. 218 · Supreme Court of Oklahoma · Feb 26, 1929

Atkins, supra, this record evidence is conclusive as to the identity of the various members of the tribe interested in this litigation, in the absence of clear, unambiguous, and convincing evidence clearly establishing error … This proceeding was brought, therefore, by on© who was immune from harm by any unfavorable holding, against the heirs of Colbert for the purpose of securing a finding against such h'eirs that would conclude them as to their

Carlile v. Harmon

179 Okla. 303 · Supreme Court of Oklahoma · Dec 8, 1936

Plaintiff was married in August, 1923, with the consent and approval of her uncle, and established a home of her own. After the marriage of the plaintiff, her aunt, the wife of Henry N. … Harmon, was duly appointed and qualified as executrix.

Louisiana Iron & Supply Co. v. Jolly

174 Okla. 579 · Supreme Court of Oklahoma · Oct 22, 1935

It is a well-established doctrine that a tax on property in transit from one state to another is invalid because an illegal burden on interstate commerce, and one of the principal questions involved in this case is whether … In this ease the defendants, among other things, insist in their brief that in an equitable action the finding of the trial court should be sustained unless it appears that its findings are clearly against the weight of the

Stuckwish v. St. Louis-S. F. Ry. Co.

177 Okla. 361 · Supreme Court of Oklahoma · Jun 30, 1936

The judgment was not qualified in any manner to indicate any right to farther litigate the merits. … But it is not necessary that we base our present conclusion solely upon that contention, since the present record so clearly sustains the trial court in rendering judgment for the defendant on the pleadings.

Moran v. State Ex Rel. Derryberry

534 P.2d 1282 · Supreme Court of Oklahoma · May 2, 1975

opinion of the State Insurance Fund Commissioner and of an expert consulting actuary in the field of Workmen’s Compensation that the reserves were excessively low and inadequate; that the reserves, percentage-wise, were clearly … Bone, Okl., 344 P.2d 562 , we held the State Insurance Fund, as an agency or instrumentality of the State, did not have the immunity of the State from suit, and could be sued and held liable for damages because of negligence

State Ex Rel. Department of Highways v. Ray I. Jones Service Co.

475 P.2d 139 · Supreme Court of Oklahoma · Oct 5, 1970

The center clearance afforded by the bridge was clearly marked prior to entry into the bridge to apprise defendant’s driver of the hazard. … Rather, the evidence should be directed to the total cost of repairing the bridge by one deemed to be a qualified and responsible bidder as required by the applicable statute.

Palmer Oil Corp. v. Phillips Petroleum Co.

204 Okla. 543 · Supreme Court of Oklahoma · Mar 20, 1951

In the first place, the powers so granted can neither establish nor disestablish the unitization when established because the power of establishment rests with the Corporation Commission. … The effect of prefixing the word “reasonably” to the words “been defined” necessarily qualifies the import of absoluteness which would obtain without it.

State Ex Rel. Owen v. Carter

77 Okla. 28 · Supreme Court of Oklahoma · Dec 19, 1919

Owen was elected Justice of the Supreme Court' of Oklahoma at the general election of 1918 for a term of four years, and on the second Monday in January, 1919, he qualified as such Justice, and entered upon the duties of … The court, in order to arrive at a conclusion as to whether the Act of 1919 is viola-tive of the provisions of the Constitution of Oklahoma relative to changes in the salaries of an officer, must take into mind established