Case law

Empire Refining Co. v. Davis

6 F.2d 305 · District Court, E.D. Oklahoma · Mar 25, 1925

The argument and authorities of plaintiff on this point in his brief are clearly sufficient to refute this contention of the defendant. … Ed. 1087 , holding that, by the provisions of the Federal Control Act, the government was to operate the carriers, but the usual immunity of the sovereign from legal liability was not to prevent the.enforcement of liabilities

Smoot v. Baker

194 Okla. 540 · Supreme Court of Oklahoma · Nov 21, 1944

After the petition was filed the plaintiffs applied to the court for the appointment of a receiver, and a receiver was appointed and qualified. … Inter-Ocean Oil & Gas Co., 52 Okla. 490 , 153 P. 115 , while this power is statutory in Oklahoma, “... in deciding questions arising under this head, the court must look for guidance to the established usages and customs

Wathor v. Mutual Assurance Administrators, Inc.

87 P.3d 559 · Supreme Court of Oklahoma · Jan 22, 2004

Under the Contract, MAA initially determines whether any particular claim for benefits qualifies for payment under the Plan. … If the court intends to now abandon or abrogate its Christian progeny, its opinion should clearly and explicitly state so.

Luther v. State

18 Okla. Crim. 664 · Court of Criminal Appeals of Oklahoma · Dec 4, 1920

It is not questioned, however, but that the information was signed by the Attorney General of this state, and by one of his duly qualified and acting Assistant Attorneys General. … The evidence in this case on the part of the state clearly establishes that the unlawful games of poker and craps were played at for money on premises leased by defendant, and in a room of a building erected by him.

In Re Initiative Petition No. 142, State Question No. 205

176 Okla. 155 · Supreme Court of Oklahoma · Mar 3, 1936

Each qualified elector is entitled to regis *159 ter and vote. … By that section a constitutional inhibition was established in these words : “And, when it is so provided, no person shall vote at any election unless he shall have registered according to law.”

O'DONOGHUE v. DOOLEY

383 P.3d 773 · Supreme Court of Oklahoma · Oct 25, 2016

Schill, Property, 225 (6th ed. 2006). 1 The following narrative clearly demonstrates that Erin and David O’Donoghue’s interests in the David L. … C.I.R., 86 F.3d 1045, 1049 (11th Cir. 1996) the Eleventh Circuit Court of Appeals summarized the purpose for establishing the QTIP: Congress became increasingly concerned with the difficult choice facing those in second marriages

Chrysler Corp. v. Clark

737 P.2d 109 · Supreme Court of Oklahoma · May 5, 1987

In the present case appellant claims the right to establish a new car dealership without submitting to the supervision of OMVC. OMVC clearly has an interest in controverting this proposed erosion of its authority. … The first element is clearly present. Second, the controversy tendered for adjudication must be between parties whose interests are adverse. This element also is clearly present.

Tulsa Area Hospital Council, Inc. v. Oral Roberts University

626 P.2d 316 · Supreme Court of Oklahoma · Apr 9, 1981

in the area of expertise which the agency supervises. 6 The rationale for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified … the Establishment Clause.

Incorporated Town of Ryan v. Town of Waurika

29 Okla. 655 · Supreme Court of Oklahoma · Nov 14, 1911

Such location by the Constitutional Convention was temporary, self-enforcing machinery being provided for the relocation thereof by - the respective counties, as is clearly evidenced by the fact that it is provided that after … Assuming the burden of proof, Waurika sought to qualify a list of 264 votes; of these, 19 were not on the poll books, 17 were disqualified, two on the agreed list, and four voted for Ryan, leaving 'the residue, 222 qualified

In Re Ambler

11 Okla. Crim. 449 · Court of Criminal Appeals of Oklahoma · Sep 26, 1914

The similarity of the title to our medical practices act may clearly be seen by comparison. In State v. Boardnax (Mo.) 128 S. … This is clearly apparent to an unbiased mind.

Brown v. Eppler

794 F. Supp. 2d 1238 · District Court, N.D. Oklahoma · Jun 8, 2011

And in response to defendants’ asserted defense of qualified immunity, Brown asked that the Court “defer any ruling on the issue ... pending the filing of [p]lain-tiff[’]s motion requesting the court acknowledge an over-looked … However, he now claims that the allegations in his complaint and the undisputed facts in the record “clearly set forth and establish a separate and distinct cause of action against defendants for retaliation for the exercise

Bramlett v. Luper Transp. Co.

258 P.2d 895 · Supreme Court of Oklahoma · Apr 21, 1953

Workmen’s Compensation insurance and had not qualified to assume its own risk. … Company, for its failure to carry workmen’s compensation insurance, and its failure to qualify to assume its own risk.

Plater v. Topping

District Court, W.D. Oklahoma · Aug 19, 2024

He claims his PTSD symptoms were exacerbated by Defendant Rowley’s refusal to move him 3 In his Motion, Defendant Rowley failed to argue that he is entitled to qualified immunity because Plaintiff’s right was not clearly … Oct. 13, 2021) (“[B]ecause the CDOC Defendants do not argue that this right was not clearly established at the time of the alleged violation, the court declines to address this prong of the qualified-immunity analysis.”

Tenneco Oil Co. v. El Paso Natural Gas Co.

687 P.2d 1049 · Supreme Court of Oklahoma · Oct 10, 1984

Our precedents clearly establish that only controversies in the former category may be removed from Art. Ill courts and delegated legislative courts or administrative agencies for their determination. … If the judgment is not clearly against the weight of the evidence, then we should affirm. 19 We have carefully weighed the evidence herein and, although conflicting, find the judgment rendered not clearly against the weight

Mead Brothers v. Watts

135 Okla. 23 · Supreme Court of Oklahoma · Dec 31, 1928

A properly qualified physician or surgeon or veterinary may state the i>r'esent and probable future effects of a certain occurrence on the body, mind or nervous system of the person' or animal affected, as the case may be … ; but it is not necessary that the facts should be clearly proved.”

Isaacs v. Konawa Public Schools

District Court, E.D. Oklahoma · Mar 31, 2021

“Individual defendants named in a § 1983 action may raise a defense of qualified immunity,” Cillo v. … , if so, (2) that the right was clearly established at the time of the defendant’s unlawful conduct.”

Weber v. State

2 Okla. Crim. 329 · Court of Criminal Appeals of Oklahoma · May 1, 1909

We believe that this instruction is clearly erroneous and prejudicial to the rights of the defendant, even though instructions 2, 3, 4, and 5 correctly state the law. … The aforesaid instruction No. 6 is calculated to *332 convey to the minds of the jury an erroneous impression, in that it may be construed as varying the rule of law, and to qualify its meaning and scope and the manifest

Turner v. State

477 P.2d 76 · Court of Criminal Appeals of Oklahoma · Nov 10, 1970

The testimony of the State’s witnesses, established the following to be in substance what occurred: Pauline Hickman testified that on the night of December 3, 1966, she closed a bar where she was a waitress, known as Pete … Rogers reiterated the same testimony as his wife gave and further stated that he clearly recognized the victim as being John Elder.

IN THE MATTER OF THE ESTATE OF EVANS

2024 OK 65 · Supreme Court of Oklahoma · Sep 17, 2024

Later, Joshua Evans filed a motion seeking a court order declaring that Melissa Evan's house qualified for the homestead exemption. … Frances originally established the tract as her "homestead," but deeded the same to Surena in 1902. In 1906, Dora McElhaney, a cousin of the two sisters, began residing on the homestead.

State v. Berry

61 O.B.A.J. 2909 · Court of Criminal Appeals of Oklahoma · Oct 22, 1990

The officer who administered the breathalyzer test at 6:30 that same day, testified that the results were sufficient, .10, to qualify Appel-lee as intoxicated under legal standards. … We have undertaken the review required of us by § 1089.6 and cannot say that the decisions of the two courts below were clearly erroneous.