Case law

Champlin Refining Co. v. Le Force

176 Okla. 48 · Supreme Court of Oklahoma · Jan 14, 1936

The plaintiff’s own testimony established these circumstances at the time the complaint was filed before the county judge. … Plaintiff contends, in effect, that, even though these circumstances existed, he has sufficiently established a want of probable cause.

Pacific Mut. Life Ins. Co. of California v. Coley

62 Okla. 161 · Supreme Court of Oklahoma · Jan 9, 1917

In fact reports establish contrariwise that there was an external mark on your body that immediately disabled you as a result of accidental bodily injury. … misrepresentations sufficient to afford him relief, it is not difficult to produce, nor is it a harsh rule to require, the evidence to point out the fraud, or false statement of fact,' or other reasons relied on, so that it can be clearly

Cline v. State

57 Okla. Crim. 206 · Court of Criminal Appeals of Oklahoma · Jun 28, 1935

.” *211 At the close of all the evidence there was a motion for a directed verdict of acquittal for the reason that the evidence wholly fails to establish the offense charged. … A private residence, occupied as such, is immune from search, unless it, or some part of it, is used as a store, shop, *214 hotel, boarding bouse, or place for storage, or unless it is a place of public resort.

Stevens v. State

94 Okla. Crim. 216 · Court of Criminal Appeals of Oklahoma · Jun 27, 1951

The holding in this case is clearly contra to this contention of the defendant. … State, supra, this court defined what is meant by an abuse of discretion as follows: “By abuse of discretion is meant a clearly erroneous conclusion and judgment: one that is clearly against the logic and effect of the facts

Lambrecht v. Bartlett

656 P.2d 269 · Supreme Court of Oklahoma · Dec 21, 1982

This payment provides another undisputed reason that the sales in question did not qualify for exemption from registration. … The statute clearly specifies what damages can be recovered — the consideration paid with ten percent (10%) interest from the date of payment plus costs and attorney fees, less the amount of any income received.

Richardson v. Malone

762 F. Supp. 1463 · District Court, N.D. Oklahoma · Apr 8, 1991

There are numerous Supreme Court decisions establishing federal common law where the Congressional statutory scheme is incomplete. See, American Society of Mechanical Engineers, Inc. v. … This would clearly not be the result if Plaintiff did not claim a security interest in the personal property located within Indian territory.

Randolph v. Carter County Board of County Commissioners

District Court, E.D. Oklahoma · Jun 19, 2020

In an alternative argument, Bryant contends he is entitled to the defense of qualified immunity as to any or all of the federal claims asserted against him. … violated a constitutional right and (2) the constitutional right was clearly established.

Chickasaw Nation v. Department of the Interior

120 F. Supp. 3d 1190 · District Court, W.D. Oklahoma · Apr 16, 2014

It is well-established that the United States is immune from suit, and may be sued only if, and to the extent, it consents. E.g., United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … As the United States Court of Appeals for the Tenth Circuit has stated, the waiver of sovereign immunity found in section 702 of the APA must be read “in conjunction with other jurisdictional statutes waiving sovereign immunity

Shawver & Son, Inc. v. Tefertiller

772 P.2d 396 · Supreme Court of Oklahoma · Apr 18, 1989

Otherwise, the parties do not dispute that Shawver would qualify as a beneficiary under §§ 152 and 153. … Liberal construction is accorded to the enforcement stage after it is clearly established that the right has attached, but not so in the process of determining the question of whether a lien does exist in contemplation of

Gray v. United States

District Court, E.D. Oklahoma · Aug 20, 2025

Because the Guidelines are clearly advisory in nature, addressed to private parties, and do not bind FCIC employees, they do not constitute a "specific and mandatory" directive. … Because negligence per se requires a qualifying statutory duty, a violation of that duty, and causation, plaintiffs claim fails on multiple elements.

Champlin Refining Co. v. Donnell

173 Okla. 527 · Supreme Court of Oklahoma · Sep 17, 1935

The difficulty is that counsel never did qualify the witness as to his know'edge of the value of lands in that vicinity, at or near the time of the taking, but assuming that he was qualified, the form of the question propounded … It has been, said that: “An appellate court should hesitate before setting aside the verdict of a jury in a condemnation case, and it will only make such order when it clearly appears that the verdict is unjust and unsupported

Dowell v. BD. OF EDUC. OF OKLAHOMA CITY PUB. SCH.

606 F. Supp. 1548 · District Court, W.D. Oklahoma · Apr 25, 1985

Similarly, middle schools (grades 6-8) were desegregated by the establishment of attendance zones for each school. … The Supreme Court has clearly stated that "official action will not be held unconstitutional solely because it results in a racially disproportionate impact." Arlington Heights v.

Janko v. Outboard Marine Corp.

605 F. Supp. 51 · District Court, W.D. Oklahoma · Jan 15, 1985

(emphasis in original) Venue selection provisions should be enforced unless a party can “clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching … The Plaintiff contends that this forum is better qualified to adjudicate Oklahoma claims than is the federal district court in Illinois.

Opinion No. (2002)

Oklahoma Attorney General Reports · Jun 28, 2002

His removal from office or failure to qualify as required by law. Id. (emphasis added). … While the Judicial Nominating Commission is a constitutional body established by Section 3 of Article VII-B of the Oklahoma Constitution, pursuant to Section 4 of the Constitution the Commission is empowered only to "submit

Finley v. Board of County Commissioners

291 P.2d 333 · Supreme Court of Oklahoma · Nov 8, 1955

No contention is made that such experts wére not qualified to give an opinion as to the value of the remainder1 of the property after the taking. … unless it clearly appears that this discretion has been abused.

MULTIPLE INJURY TRUST FUND v. MACKEY

406 P.3d 564 · Supreme Court of Oklahoma · Sep 26, 2017

96 P.2d 526, 529 ("The general rule of construction appears to be that a proviso which is a limitation of a preceding general provision will be held to affect or limit the immediate clause or general statement, unless it clearly … Id. 569-70. , The majority’s reading results in greater liability because, when the Legislature amended section 402, it did so against the backdrop of a well-established rule that a claimant could only combine (a).the disability

Larman v. Larman

991 P.2d 536 · Supreme Court of Oklahoma · Oct 28, 1999

The husband’s proof falls short of establishing an inter-spousal gift. ¶23 Because there is in this record no proof of value enhancement, if any there was, in the wife’s separate property, produced by the labor or skills … Unless ... the intent to give title be proven clearly the transaction will not be sustained as a gift.

City of Guthrie v. Shaffer

7 Okla. 459 · Supreme Court of Oklahoma · Jul 30, 1898

A qualified juror may be rejected, and still a jury of lawful men, against whom there is no objection, may be obtained. … It is not necessary to cite further authorities, as this point is well established. There is, however, a wide difference in excusing a competent juror and retaining an incompetent one.

Davis v. Thompson

721 P.2d 789 · Supreme Court of Oklahoma · Jul 3, 1986

By a long established practice of congress, a calendar day is not recognized as limiting a session of any legislative day-’” (Emphasis added). We find White v. … We think it would be improper to frustrate the intent of the constitutional provision so clearly phrased by altering its clear meaning by adding a judicial gloss to the term legislative days.

Protest of Great Plains Federal Savings & Loan Ass'n v. Oklahoma Tax Commission

743 P.2d 640 · Supreme Court of Oklahoma · Oct 6, 1987

However, the question posed here is whether the assets subjected to taxation qualify for an exemption from state tax under either specific statutory or general constitutional principles. … Gamer, 459 U.S. 392, 398 , 103 S.Ct. 692, 696 , 74 L.Ed.2d 562, 568 (1983), in which the United States Supreme Court found that the Tennessee bank tax violated the immunity of obligations of the United States from state and