Case law

Shackelford v. Pool

156 Okla. 127 · Supreme Court of Oklahoma · Mar 1, 1932

He cites a lot of cases to establish that “office found” or “inquest” was not necessary, and that the statute declaring was all that was necessary. … The Attorney General especially asserts that he is not claiming immunity from suit or a failure to make necessary parties, but does insist on the rule that to justify “mandamus” it must appear that the right “must be clear

SCHIEWE v. CESSNA AIRCRAFT CO

546 P.3d 234 · Supreme Court of Oklahoma · Mar 12, 2024

--This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be brought after the applicable limitation period for such civil action established by subsection ( … The Instructions for Continued Airworthiness must contain a section titled Airworthiness Limitations that is segregated and clearly distinguishable from the rest of the document.

Ex Parte Wilson

7 Okla. Crim. 610 · Court of Criminal Appeals of Oklahoma · Jul 29, 1912

Wilson was then and there the duly qualified and acting election inspector at and for the precinct aforesaid;, and one W. P. … construed as allowing indiscriminate voting, regardless of party affiliation, we are of the opinion that, if such an interpretation could be sustained, then the provisions of the sections referred to would, we think, be clearly

Bartlett v. American National Bank & Trust Co. of Sapulpa

680 P.2d 369 · Supreme Court of Oklahoma · May 11, 1984

we draw support from two principles of general trust law: (1) under these circumstances losses may be balanced against gains to the fiduciary estate and (2) consent of the beneficiary to trustee’s acts affords the latter immunity … A finding that she gave her consent to the first series of loans totaling $800,000 would hence not be clearly against the weight of the evidence.

Kent v. School District No. 28, Stephens County

106 Okla. 30 · Supreme Court of Oklahoma · Jan 27, 1925

No effort was made and no tender of proof was offered to show that any person qualified to vote at the election failed to do :so hy reason of being misled or misinformed as to his rights to vote by the language of the notice … Since the findings, and decree of the court are not clearly against the weight of the .evidence, and' since the credibility of the witnesses was solely for the determination of the trial court, and no .error of law prejudicial

Cross v. Grant

204 Okla. 83 · Supreme Court of Oklahoma · Dec 26, 1950

On the question of value the testimony was adduced largely from friends and neighbors of the parties who were acquainted with land values in the vicinity of this land and who were qualified and competent to testify as to … On the question of fair consideration the judgment of the trial court is not clearly against the weight of the evidence. The testimony on which plaintiff largely depends to establish mental incapacity of Cleora G.

Parker

District Court, W.D. Oklahoma · May 4, 2026

Regarding Ratliff’s claim that he is immune to suit under Okla. … Suits instituted pursuant to the provisions of this act shall name as defendant the state or the political subdivision against which liability is sought to be established.

Walters v. STATE EX REL., TAX COM'N

935 P.2d 398 · Court of Civil Appeals of Oklahoma · Aug 23, 1996

Constitution, but they have failed to establish the necessary factual predicate to assert such a claim, because their out-of-state income is not being taxed. … The bill does not offend the privileges and immunities clause of the U.S. Constitution, Art. IV, § 2, cl. 1, by taxing the property of persons who are not represented in the Legislature.

Regents of University v. Board of Education

20 Okla. 809 · Supreme Court of Oklahoma · Apr 14, 1908

It may go to the University Preparatory School, or, when it is qualified, to a Normal School, Agricultural College, or the University.” … Okla. 1903, entitled “An act to establish and locate the University of Oklahoma”; that article 17, c. 77, Wilson’s Eev. & Ann. St.

Harris v. State

17 Okla. Crim. 69 · Court of Criminal Appeals of Oklahoma · Nov 2, 1918

from the former opinions of this court it should have been treated as a plea in bar unless from the face of said plea it clearly appeared as a matter of law that said plea was insufficient. … defendant had theretofore been placed in jeopardy for the same offense charged in this information, then the court should have submitted the issue to a jury under proper instructions, unless the evidence in support of the plea established

Sherman v. Kendall

District Court, W.D. Oklahoma · Nov 24, 2021

Section 1367, however, does not waive federal sovereign immunity. See, San Juan County, Utah v. U.S., 503 F.3d 1163, 1181 (10th Cir. 2007) (en banc). … A hostile work environment claim under the Rehabilitation Act requires a plaintiff to show that he is a “‘qualified 4 It appears the Tenth Circuit recognizes such a claim. See, Clancy v. Miller, 837 Fed.

Opinion No. (1999)

Oklahoma Attorney General Reports · Jun 15, 1999

Specifically, Article XVIII, § 5(a) provides: No municipal corporation shall ever grant, extend, or renew a franchise, without the approval of a majority of the qualified electors residing within its corporate limits, who … Thus, no right or privilege passes through the grant of a franchise by a municipality unless it is clearly stated or necessarily implied. Blair v.

Smith v. State

62 O.B.A.J. 2896 · Court of Criminal Appeals of Oklahoma · Sep 20, 1991

The authorities on which appellant relies are clearly distinguishable. In those cases, the witnesses had been paid informers, Orebo v. United States, 293 F.2d 747 (9th Cir.1961); United States v. … Appellant now attacks the admission of evidence to support these aggravating circumstances and the sufficiency of the evidence to establish them. A.

Rierdon v. Reder

178 Okla. 606 · Supreme Court of Oklahoma · Dec 15, 1936

The amended petition, which makes the original petition a part thereof, sets forth that plaintiff is a resident of Marshall county, Okla., and defendant is a citizen and resident of Carter county, Okla., and is the duly qualified … establish the present existence of such accumulations, the writ of mandamus should be denied.”

Snethen v. OKL. UN. OF FARMERS EDUCATIONAL & CO-OP. UN.

664 P.2d 377 · Supreme Court of Oklahoma · Feb 15, 1983

. *382 The insured established a lawful and substantial economic interest — innocently acquired — and covered it by insurance. … His interest, which clearly meets the § 3605(B) criteria, is hence entitled to judicial protection.

NELSON v. AMERICAN HOMETOWN PUBLISHING, INC.

333 P.3d 962 · Court of Civil Appeals of Oklahoma · Feb 24, 2014

The principle affords legal immunity for comment by any and all members of the public and extends to virtually all matters of legitimate public interest. Its purpose is to promote the free and open exchange of ideas." … The exercise of ordinary care may be established by evidence of the custom and practice in the print media or newspaper business. Id.

Davis v. United States

199 F. Supp. 2d 1164 · District Court, W.D. Oklahoma · Apr 25, 2002

Vollmann, nevertheless, in the same memorandum concluded that the Eligibility Requirement was acceptable because the intent of Congress was not clearly established. See Pis.’ Mem. Opp’n Mot. Dismiss Ind. … “The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.” Id. at 194 , 89 S.Ct. 1657 .

Better Business Bureau of Oklahoma City, Inc. v. Jones

34 F. Supp. 573 · District Court, W.D. Oklahoma · Jul 19, 1940

The defendant is the duly appointed, qualified and acting Collector of Internal Revenue for the state of Oklahoma. The jurisdiction of the court is admitted. … This court cannot ignore facts clearly within its knowledge and, particularly, facts acquired within its official capacity.

Johnson v. Housing Authority

887 F. Supp. 1440 · District Court, E.D. Oklahoma · May 30, 1995

He was qualified for the position at issue; and 4. … Johnson has failed to establish a prima facie case of retaliation. The first two elements of a prima facie case have been established.

Dix v. State

15 Okla. Crim. 559 · Court of Criminal Appeals of Oklahoma · Apr 1, 1919

This action removed the disqualification that otherwise existed against her being a qualified witness in *570 behalf of her codefendant, Mrs. Dix. After the dismissal of the state’s case against Mrs. … Baustert, expect this court to reverse a judgment of conviction against her based on evidence which clearly establishes her guilt for the sole purpose of permitting that to be done which she already had the opportunity to