Case law

Stone v. Reynolds

7 Okla. 397 · Supreme Court of Oklahoma · Jul 30, 1898

The petition alleges sufficient facts to present the question as to whether the plaintiff was elected for two- or four years at' the election of 1894, and the facts proven clearly establish his right to the office, if the … The act of the board of which he was a member, in attempting to change the number of the district in which he lived, after the board had once established the boundaries of the districts and numbered them, is wholly immaterial

Floyd v. National Steel Corp.

629 P.2d 1292 · Court of Civil Appeals of Oklahoma · Mar 17, 1981

The rule automatically establishes a briefing time cycle and permits the court to timely rule on the motion. It is merely an administrative device which may not be used to circumvent a statutory right to appeal. … The court declared Sun a secondary employer, thus immune by reason of the Act. The decision turned on the fact that Sun maintained and operated its own fleet of trucks for delivery of its own products.

Russell v. Margo

180 Okla. 24 · Supreme Court of Oklahoma · Jan 19, 1937

We think the foregoing quotations clearly state the rule in this jurisdiction. … In this connection you are instructed that the burden of proof is upon the defendant to establish contributory negligence by a preponderance of the evidence, but in this connection you are further instructed that a child

VANGUARD BUILDERS, INC. v. GRANITE RE, INC.

348 P.3d 1093 · Court of Civil Appeals of Oklahoma · Nov 25, 2014

Fidelity & Guaranty Co., 1970 OK 121 , 471 P.2d 883 , 'and appeared to reaffirm that a claim of immunity from recovery pursuant to the limitation period was subject to claims of waiver and estoppel. … Vanguard's right to payment or any amount due is not yet established, nor is LWCC's exact status as the main contractor.

WILEY v. GRAY TELEVISION

2024 OK CIV APP 16 · Court of Civil Appeals of Oklahoma · Dec 7, 2023

The statutory comment-and-criticism privilege , on the other hand, affords legal immunity for the expression of opinion on matters relating to official proceedings. … Regarding the article's extract from the attorney general's brief, the Court stated the publication of the extract "comes clearly within the third subdivision of our statute, and was a privileged publication, provided it

In Re Enochs' Estates

322 P.2d 197 · Supreme Court of Oklahoma · Feb 18, 1958

Gammel, or the nominee, Federal National Bank of Shawnee, is duly qualified to discharge the duties of the trust. … The right of the Federal National Bank to serve as administrator of Lorraine Gammel Enochs’ estate is clearly demonstrated to be founded upon the written request of Odell A.

Pitcher v. Dervage, Superintendent of Public

56 Okla. 383 · Supreme Court of Oklahoma · Mar 14, 1916

The said plaintiff alleged that he was a qualified elector of one of the districts affected by the consolidation. … At a hearing the petitioner was denied any relief, the court holding that the consolidated school district had been formed and established in compliance with the law.

Bowie v. State

816 P.2d 1143 · Court of Criminal Appeals of Oklahoma · Oct 17, 1991

We find no inconsistencies between that ruling and the immunity agreement with Britt. … Such is clearly contrary to the purpose of 22 O.S. § 1347, et seq.

Miller v. Doctor's General Hospital

76 F.R.D. 136 · District Court, W.D. Oklahoma · Aug 17, 1977

The scope of examination by interrogatories should not be curtailed unless the information sought is clearly irrelevant. Felix A. Thil-let, Inc. v. Kelly-Springfield Tire Co., 41 F.R.D. 55 (D.P.R.1966). … Defendant’s conclusory statement that Interrogatory No. 12 seeks medical information which Defendant is not qualified to give is not a sufficient response.

Sanders v. State

556 P.2d 611 · Court of Criminal Appeals of Oklahoma · Nov 3, 1976

The question next becomes whether the evidence established premeditation. … State, supra, which set the Oklahoma Standard for qualifying a jury under the 1973 Murder Statute.

Enghlin v. Pittsburg County Ry. Co.

169 Okla. 106 · Supreme Court of Oklahoma · Sep 25, 1934

Under this proposition plaintiff in effect contends that the preponderance of the evidence is so clearly in her favor as to require a reversal. … The record discloses that plaintiff produced evidence which if believed by the jury, or if accepted by the jury as being of the greater weight, would clearly entitle her to a verdict.

Wagoner County Election Board v. Plunkett

305 P.2d 525 · Supreme Court of Oklahoma · Dec 14, 1956

In order to clearly recognize all of the legal problems raised by plaintiffs’ petitions we feel that it will be helpful if we recognize Mr. Plunkett as a citizen and qualified elector in Wagoner county, and Mr. … Elections — § 272, at page 359, it is said: “It is ■ a firmly established general rule that the jurisdiction of courts exercising general equity powers does not include election contests, unless it is so provided expressly

Phillips v. State

20 Okla. Crim. 415 · Court of Criminal Appeals of Oklahoma · Jan 21, 1922

Such witnesses are not expert witnesses, and no question of law arises as to their competency to testify after having qualified on the subject of knowledge. … That could have been the only purpose, and that clearly was the only probative effect, of the rebuttal evidence.

Matter of Conservatorship of Goodman

766 P.2d 1010 · Court of Civil Appeals of Oklahoma · Nov 29, 1988

Under the strict standard applied in such cases, the state bears the burden of establishing, not only that it has a compelling interest which justifies the law, but that the distinctions drawn by the law are necessary to … As that Court stated: Reading these provisions as a whole it is clearly intended that a way be provided to facilitate the handling of the property of a ward when the ward is precluded from doing so by physical disabilities

Ex Parte Show

4 Okla. Crim. 416 · Court of Criminal Appeals of Oklahoma · Dec 3, 1910

But it should be clearly understood that this rule has no application to mere technical defects or omissions or to mere matters of form. … It must clearly appear therefrom that the act intended to be charged was not a crime.

Opinion No. (2007)

Oklahoma Attorney General Reports · Apr 23, 2007

Before analyzing the power of evacuation authorized in these three acts we must first establish the meaning of that term. … This authority to declare a local emergency and then evacuate all or a portion of the jurisdictional area of the political subdivision when events require, is clearly a delegation of the state's police power to act for the

JOHNSON v. MIDWEST CITY DEL CITY PUBLIC SCHOOLS

507 P.3d 637 · Supreme Court of Oklahoma · May 25, 2021

The legislature clearly outlined an exception to this general rule. … Conversely, injuries that occur outside that building or establishment would not be compensable.

DuBoise v. DuBoise

418 P.2d 924 · Supreme Court of Oklahoma · Oct 11, 1966

The defendant cultivated the 160 acres and qualified the property for participation in the soil bank by complying with the requirements of the Department of Agriculture. … The value of the home farm was established as $14,500.00 or $100.00 per acre.

Musick v. State Ex Rel. Miles

185 Okla. 140 · Supreme Court of Oklahoma · Nov 29, 1938

This contention is based upon section 57, article o, of the Oklahoma State Constitution, which provides-in part that “every act of the Legislature * * * shall be clearly expressed in its title. i: * *» The title of House … The Legislature is by mandate charged with the duty of establishing a public school system. Article 13, section 1, Oklahoma State Constitution.

Koppitz v. Chesapeake Energy Corp.

421 P.3d 319 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Particularly, Defendants alleged they had confessed their violation of federal antitrust law and cooperated with the investigation conducted by the United States Department of Justice, Anti-Trust Division, which qualified … It is well established that federal antitrust law does not preempt the assertion of antitrust claims under parallel state antitrust law.