Case law

Barton v. Harmon

203 Okla. 274 · Supreme Court of Oklahoma · Jul 11, 1950

Lange was deceased and that the persons named as executors were the duly appointed and qualified executors of his estate. … It is thus clearly evident that the terms, conditions and provisions of said ordinances upon which liability of the executors under the bond is made to depend are not before this court for interpretation and construction

Opinion No. (1985)

Oklahoma Attorney General Reports · Aug 5, 1985

The appointee shall be eligible to become a candidate at said special election, providing said appointee is otherwise qualified. The office to be filled shall be printed on the same ballot as other county offices.'' … There is no room for statutory construction where the intent and meaning of a statute are clearly expressed. Jackson v. Independent School Dist. No. 16 of Payne County , 648 P.2d 26 (Okla. 1982).

Opinion No. (1985)

Oklahoma Attorney General Reports · Apr 9, 1985

Provided that, for the purposes of this section the term `public buildings' shall include, but not be limited to, a county rest home, which shall be defined as any home, establishment or institution owned and operated by … It should be noted, moreover, that it is a generally accepted principle of election law that an election cannot be held in the absence of legislation clearly authorizing the same. See, e.g., Grant and McNamee v.

Fitzgerald v. State

69 O.B.A.J. 4307 · Court of Criminal Appeals of Oklahoma · Dec 10, 1998

trial court must be allowed to ask life-qualifying questions after the defendant’s request. 52 ¶ 32 On March 23, 1995, Fitzgerald filed a Motion to Life Qualify Of [sic] the Jury. … Payment is pursuant to procedures established by the governing board of the court fund. . Ake, 470 U.S. at 78-80 , 105 S.Ct. at 1093-1094 ; Rogers, 890 P.2d at 966 . . Ake, 470 U.S. at 82 , 105 S.Ct. at 1096 . .

Ibarra v. Lee

District Court, N.D. Oklahoma · Sep 21, 2022

Then, the plaintiff must show that the constitutional rights the defendant allegedly violated were clearly established at the time of the conduct at issue. Id. … CONCLUSION For the reasons stated above, Deputy Lee is entitled to qualified immunity.

Tapley v. Patton

349 P.2d 507 · Supreme Court of Oklahoma · Feb 9, 1960

It is not disputed that both the plaintiff and the defendant were both qualified real estate brokers under Oklahoma law. … Ray, Okl., 340 P.2d 255 , wherein this well established rule is clearly announced. The plaintiff cannot complain of the instructions to the jury.

Colton v. Huntleigh USA Corp.

76 O.B.A.J. 1403 · Supreme Court of Oklahoma · Jun 21, 2005

Huntleigh’s “offer” relied upon by Employees states that “Once the funds have been received from the TSA, HUSA will issue the bonus cheeks to all who have qualified.” … Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (the United States, as sovereign, is immune from suit save as it consents to be sued).

Williams v. Hale

District Court, W.D. Oklahoma · Apr 8, 2024

. & R. considered Defendant’s assertion of qualified immunity and found that he was not entitled to qualified immunity at this stage of proceedings. See id. at 8-9. … The Complaint clearly cites as the retaliatory chilling injury both the late meal delivery and Defendant’s contemporaneous pepper-spraying of Plaintiff in the “face, eyes,” and “mouth,” as well as Defendant’s filing of

Maryland Casualty Co. v. Apple

130 Okla. 270 · Supreme Court of Oklahoma · May 1, 1928

That this was clearly an inadvertence caused by the condition and the terms of the petition filed herein. … Bridgman was thus duly appointed, acting and qualified administrator of the estate of Martha C.

Mayor of Guthrie v. Territory Ex Rel. Losey

1 Okla. 188 · Supreme Court of Oklahoma · Sep 19, 1892

It is a well established rule of law that before there can be a de facto municipal corporation there must be some authority for a de jure corporation. … This act. does not change or amend the charter, nor does it grant any special privilege or immunity to the village of Guthrie.

Opinion No. (1993)

Oklahoma Attorney General Reports · Apr 30, 1993

TITLE 2 O.S. 104 (C) REQUIRES THAT THE DIRECTORS BE ELECTED AT MASS MEETINGS OR CONVENTIONS OF QUALIFIED ELECTORS OF EACH OF THE COMMISSIONERS' DISTRICTS IN SAID COUNTY. … CLEARLY THEN, THESE FUNDS ARE PUBLIC IN NATURE, OLUSTEE CO-OPERATIVE ASSOCIATION V.

Pearson v. State

556 P.2d 1025 · Court of Criminal Appeals of Oklahoma · Nov 23, 1976

However, George Kriz was granted immunity in exchange for his testimony, and the charge against Linda Pearson was dismissed prior to trial. As a result, the defendant was the sole conspirator tried and convicted. … The act clearly states that wherever any wire or oral communication is intercepted, it may not be used as evidence in any trial, hearing, or other proceeding in any court of the United States, any State, or any political

ROSS v. CITY OF OWASSO

2017 OK CIV APP 4 · Court of Civil Appeals of Oklahoma · Dec 12, 2016

We find that the Report qualifies as a personnel record that the City may keep confidential. … Disclosure of criminal activity would not result in a "clearly unwarranted invasion of personal privacy," and hence 51 O.S. Supp. 2014 § 24A.7(A)(2) cannot apply; 6.

Opinion No. (1992)

Oklahoma Attorney General Reports · Aug 3, 1992

HIS REMOVAL FROM OFFICE OR FAILURE TO QUALIFY AS REQUIRED BY LAW. THIRD. WHENEVER ANY FINAL JUDGMENT SHALL BE OBTAINED AGAINST HIM FOR A BREACH OF HIS OFFICIAL BOND. FOURTH. … THE FOURTH EVENT LISTED ABOVE CLEARLY EXPRESSES THE REQUIREMENT THAT AN ELECTED OR APPOINTED OFFICIAL MUST BE A RESIDENT OF THE GOVERNMENTAL LOCALITY HE IS ELECTED OR APPOINTED TO SERVE.

Glasco v. State Election Board

121 Okla. 119 · Supreme Court of Oklahoma · Jul 9, 1926

It will thus be seen that it was clearly the duty of the Legislature under the Constitution to enact a mandatory primary system for the nomination of all candidates for office, including district judges, and that duty having … It appears that the Constitution of that state provided that: "No person, except a qualified elector, shall be elected or appointed to any civil or military office in the state."

VANDELAY ENTERTAINMENT, LLC v. FALLIN

343 P.3d 1273 · Supreme Court of Oklahoma · Dec 16, 2014

Id. ¶22 A qualified privilege is also one in which the burden falls upon the government entity asserting the privilege. Id. at 1053 . … Constitution, I write separately to specify the nature of the privilege and to more clearly highlight its boundaries.

Rice v. State Ex Rel. Short

108 Okla. 4 · Supreme Court of Oklahoma · Dec 9, 1924

This contract does not, as did the Utah contract, clearly show that its purpose is solely the contracting of convict labor; furthermore the Utah court' in the more recent case of Utah Mfrs. Ass’n v. … Mabey, supra, the court said: “We are clearly of the opinion that nothing proposed in the resolution is prohibited by this section of the Constitution. Neither do we think the opinion in Price v.

Harding v. Taylor

272 P.2d 443 · Supreme Court of Oklahoma · Jun 15, 1954

During the trial of that case the court appointed a qualified surveyor who, after a *444 survey of the property, reported his findings to the court. … Clearly then, the issue adjudicated in that action was that Taylor had no right or claim to any ground to the west of the 908.4 foot boundary.

Public Service Co. of Oklahoma v. Northeastern Oklahoma Electric Cooperative, Inc.

49 P.3d 80 · Supreme Court of Oklahoma · Apr 24, 2002

The intended effect of section 21-112 is to immunize annexation ordinances from attacks based on procedural defects by making the recording in the county clerk's office conclusive evidence of the regularity of the proceedings … Here there was no ordinance in effect-only an ineffective attempt to annex. ¶ 6 Clearly the newspaper account of the council meeting, carrying no legal description of the land sought to be annexed, cannot qualify as the publication

State Ex Rel. Hunzicker v. Pulliam

168 Okla. 632 · Supreme Court of Oklahoma · Jun 19, 1934

St., relating to the computation of time, was intended to establish a uniform rule, applicable to the construction of statutes as well ar, to matters of practice.” … L. 1923, shows clearly that the same is in its nature an act by the Legislature' granting certain police power to municipal corporations.