Case law

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.

Whiteker v. Whiteker

332 P.2d 953 · Supreme Court of Oklahoma · Dec 2, 1958

Loeffler one qualifying share. After the purchase of the second store in Tulsa, the defendant spent most of his time there and about January or February, 1957, the parties ceased living together as man and wife. … The defendant testified that the equipment in the re-established Bristow store had been previously used in one of the stores in Tulsa and that the value of such equipment was about $100. .Prior to the destruction of the original

Murphy v. Estle

75 Okla. 75 · Supreme Court of Oklahoma · Jun 17, 1919

The instruction is clearly erroneous. … Laws 1910, is as follows: “Qualified indorsement constitutes the in-dorser a mere assignor of the title to the instrument.

I. T. K. v. MOUNDS PUBLIC SCHOOLS

2019 OK 59 · Supreme Court of Oklahoma · Sep 24, 2019

United States , 917 F.3d 1170, n. 4, 1179 (10th Cir. 2019) (a clearly erroneous standard is used to review a finding of fact made without a jury and a finding of fact which is clearly erroneous is an abuse of discretion), … the abuse of discretion and clearly erroneous standards are not identical, one point of similarity in the present context is that Anderson , supra , explained the clearly erroneous appellate standard may not be used to weigh

In Re Initiative Petitions Nos. 112, 114, 117, 118

153 Okla. 205 · Supreme Court of Oklahoma · Dec 16, 1931

These requirements are clearly jurisdictional, and the Secretary of State is without power to act in the absence of a substantial compliance with these requirements of the statute. … that the right to trial by jury shall remain inviolate, that no person shall be deprived of life, liberty, or property without due process of law. that no law shall grant to any citizen or class of citizens privileges or immunities

Lander v. Hornbeck

74 Okla. 239 · Supreme Court of Oklahoma · Apr 2, 1918

The plaintiffs in error are the duly qualified executors of the estate of one Randall, deceased, and at the' time of the injury complained of here they had in their possession and under their control the real estate mentioned … And the evidence further establishes that little attention was Paid to the elevator and its operation by any one after the day operator left it, but it was operated by any one who desired to use it. Mrs.

Board of Com'rs v. Oklahoma Tax Commission

202 Okla. 269 · Supreme Court of Oklahoma · Nov 29, 1949

House Bill 120, which carries an emergency clause, was approved June 7, 1949, and is entitled An Act relating to the public schools of Oklahoma and as “establishing a code for the public school system of the State.” … It is not, in fact, a proviso to subdivision (e) because it provides no condition, certain or contingent, that does or could qualify the operative force of subdivision (e).

Bane v. Anderson, Bryant & Co.

786 P.2d 1230 · Supreme Court of Oklahoma · Nov 2, 1989

Clearly, the trial court correctly maintained Bryant as a defendant. … Only after the 60 day grace period elapsed was Bane apprised that Anderson, Bryant & Co. was not qualified to maintain Keogh accounts.

Merritt v. Merritt

73 P.3d 878 · Supreme Court of Oklahoma · Jul 1, 2003

Thielenhaus, 1995 OK 5 , 890 P.2d 925, 934-935 , reiterated the rule, established by 43 O.S.2001, § 110(C), that either spouse may be required to pay the reasonable expenses of the other in the prosecution or defense of the … Attorney fees are granted only to that litigant who qualifies for the benefit through the process of a judicial balancing of the equities.

In Re Initiative Petition No. 366, State Question No. 689

73 O.B.A.J. 1106 · Supreme Court of Oklahoma · Apr 2, 2002

non-English languages in state government meetings, documents, transactions proceedings and publications as well as (b) the expenditure of funds for translating into, as well as printing in, non-English languages-does not qualify … A Hohfeldian plaintiff is a legal entity seeking a judicial determination that as a party litigant it has "a right, a privilege, an immunity or a power" vis-a-vis the opposite party in litigation. Macy v.

Ellis v. Williams

297 P.2d 916 · Supreme Court of Oklahoma · May 22, 1956

Williams, were appointed and qualified as joint administrators of said estates. That case was completed on October 15, 1954. … To the contrary the record clearly discloses that Tom Williams lived upon the property involved herein without color of title from the year 1929 to March 18, 1939, and under color of title from March 18, 1939 until his death

Bank of Quapaw v. Flint

97 Okla. 181 · Supreme Court of Oklahoma · Feb 12, 1924

Such officers shall hold their offices for a term of one year and until their successors are elected and qualified. … acting outside the scope of his authority in making the representations if in fact he did make them and the failure of the proof to establish the fact that the bank derived any benefit from the transaction, other than the

Willis v. Sequoyah House, Inc.

194 P.3d 1285 · Supreme Court of Oklahoma · Sep 23, 2008

mistakes on the part of the plaintiffs, the trial court's dismissal cannot be viewed as an abuse of discretion; (d) and Sequoyah House need not show any prejudice from the five-day delay in service because plaintiffs failed to establish … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the expert's determination that, based upon a review of the available medical records, facts

DeGolyer v. Chesney

527 P.2d 844 · Supreme Court of Oklahoma · Oct 8, 1974

But he says that “if the trial court would have accepted” his Exhibit No. 1 as proof of the payment it was introduced to establish, then there would have been no finding of a deliberate or intentional failure, on his part … This qualified statement is undoubtedly true, but, in all candor, it must be recognized [as we did in reference to the order in Hight, supra, 148 P.2d p. 480] that adoption affects, and is interrelated with, custody; and

Doughty v. Martin

509 P.2d 122 · Supreme Court of Oklahoma · Apr 10, 1973

This clearly indicates that for ad valo-rem tax purposes a transmission company is one that transmits messages. … We therefore conclude § 135 does not establish venue in Canadian County.

Texas Co. v. Oklahoma Tax Commission

207 Okla. 385 · Supreme Court of Oklahoma · Jan 29, 1952

Gipsy Oil Co., and other prior decisions granting immunity from taxation to lessees of such restricted lands, holding that the decision in Helvering v. … It is clearly apparent that there is nothing in the factual situation in the instant case which would justify this court in adhering to the rule announced in the Queen City case.

Nicholas v. Oklahoma City Mailer's Union No. 30

285 P.2d 399 · Supreme Court of Oklahoma · Jun 21, 1955

a “conditional” or “qualified” privilege. … In view of these and many other considerations, not clearly reflected by plaintiff’s evidence, and necessary to a correct decision as to defendants’ legal responsibility to plaintiff, if any, for causing publication of the

In Re Cleveland's Claim

72 Okla. 279 · Supreme Court of Oklahoma · Apr 29, 1919

year nineteen hundred ten shall be the official census of the state, and all counties, municipalities and subdivisions thereof for all official purposes; Provided, that upon the petition of twenty-five per cent, of the qualified … Clearly, as the former act establishes courts immediately upon its taking effect and refers to conditions then existing, while the latter act establishes nothing at the time, but authorizes future action only, and as the

Dancy v. Peebly

132 Okla. 84 · Supreme Court of Oklahoma · Jul 28, 1928

That each of said plaintiffs are duly qualified under the laws of the state of Oklahoma to seek and to hold the political and official positions hereinafter sought by them. … That all of said plaintiffs are members of the Republican party, and are duly registered and qualified voters under the laws of the state of Oklahoma.

State ex rel. Williamson v. Commissioners of Land Office of the State

301 P.2d 655 · Supreme Court of Oklahoma · Sep 18, 1956

In reference to the foregoing provisions of the Enabling Act and in particular notice of the second paragraph of Section 8, above quoted, we have heretofore expressed the view and held that the Congress clearly expressed … Congress to prescribe any such conditions operating to limit in the future the legislative powers of a new state over matters in their nature confined exclusively to the states as a part of their sovereign powers; that the establishment