Case law

KMC Leasing, Inc. v. Rockwell-Standard Corp.

71 O.B.A.J. 1763 · Supreme Court of Oklahoma · Jun 27, 2000

We find the facts of Sholer clearly distinguishable from the instant facts. … The record establishes only four of the named plaintiffs purchased during this operative ten month period.

Meads v. Human

84 Okla. 82 · Supreme Court of Oklahoma · Dec 6, 1921

It is not safe to base a construction upon a particular word or phrase, for the language of legislative enactments is not always precise and accurate, and, besides, one portion may frequently be designed to extend, qualify … Hence, it is an established rule in the exposition of statutes’that the intention of' the lawgiver is to be deduced from a view of the • whole and of every part of a statute taken and compared together.

Smith v. American Flyers, Inc.

540 P.2d 1212 · Court of Civil Appeals of Oklahoma · Sep 18, 1975

Before a court may properly grant such a motion it must clearly appear that the movant is entitled to a judgment as a matter of law, viewing the supporting material in the light most favorable to his opponent. … However, it is clear that the general duty is qualified by the principle that the owner need not warn the invitee of open and obvious danger. Thus the Supreme Court in Nicholson v.

Incorporated Town of Sallisaw v. Priest

61 Okla. 9 · Supreme Court of Oklahoma · Jul 25, 1916

The evidence in this case clearly establishes that on the land taken by plaintiff in error there was located a living spring of water which flowed across the land of defendant in error. … the plaintiff in error claims that the trial court erred in permitting several witnesses to testify as to the value of the farm from which the land condemned was taken without requiring such witnesses to show themselves qualified

Hayes v. Hayes

164 P.3d 1128 · Court of Civil Appeals of Oklahoma · Feb 28, 2007

Thus, the Trial Court's decree clearly granted Wife a vested interest in a portion of any payment Husband might receive on his early separation from the Army. {11 Second, Husband's contention is unsound. … Although Troxell dealt with a Qualified Domestic Relations Order, its holding is applicable in this case.

Opinion No. (2002)

Oklahoma Attorney General Reports · Dec 17, 2002

for social security, while it does not do so for those who do not qualify." … one [1] year or more, prior to the established date of this disability claim.

Yoakum v. Yukon Public Works

District Court, W.D. Oklahoma · Nov 25, 2019

Qualified Immunity At the close of their motion, Defendants argue that Mr. … Nov. 17, 2014) (finding no need to reach the issue of qualified immunity because Plaintiff did not allege sufficient facts to establish Eighth Amendment violation). VII.

SOUTHWEST ORTHOPAEDIC SPECIALISTS v. ALLISON

439 P.3d 430 · Court of Civil Appeals of Oklahoma · Oct 30, 2018

At the same time, the Act states that it will not "abrogate or lessen any other defense, remedy, immunity or privilege available under other constitutional, statutory, case or common law or rule provisions." … Cotton Petroleum Corp. , 1986 OK 16 , ¶¶ 19-22, 732 P.2d 438, 446-49 . ¶42 The situation here clearly fits the parameters of Gomes .

Habeas Corpus of Anderson v. State

386 P.2d 320 · Court of Criminal Appeals of Oklahoma · Oct 16, 1963

Were you the duly elected, qualified and acting Sheriff of Mc-Curtain County on or about December 31, 1958? “A. Yes sir. “Q. Do you know the petitioner in this case, John Richard Anderson? “A. Yes sir. “Q. … in this state and is clearly approved in the following- cases: Ex parte Middaugh, 40 Okl.Cr. 280 , 268 P. 321 ; Adams v.

Autumn House v. State ex rel. Oklahoma Tax Commission

62 O.B.A.J. 2170 · Supreme Court of Oklahoma · Jul 9, 1991

enactment it is not safe to base a construction upon a particular word or phrase, for the language of legislative enactments is not always precise and accurate, and, besides, one portion may frequently be designed to extend, qualify … Hence, it is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together." .See Baptist Health

Permetter

District Court, W.D. Oklahoma · Aug 24, 2026

custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence. … TIT. 22, § 1373.4(D). 4 Defendant also asserts Eleventh Amendment immunity, prosecutorial immunity, and qualified immunity. Doc. 15, at 11, 12, 19.

Ex Parte Hudspeth

271 P.2d 371 · Supreme Court of Oklahoma · Jun 1, 1954

The argument to support this contention is based upon the language of several of our earlier decisions,1 all holding to the effect that to justify a court in depriving a parent of his child’s custody the evidence must clearly … Thus, there being no evidence establishing his unfitness, it was reversible error for the trial court to refuse to issue the writ.

Gibson v. State

501 P.2d 891 · Court of Criminal Appeals of Oklahoma · Sep 27, 1972

Earlier, on the day he testified, the court granted him immunity against prosecution for anything he might testify to concerning any part he played in this “drama.” … The rule was established by this Court in the early case of Beshirs v.

STATE ex rel. PRUITT v. NATIVE WHOLESALE SUPPLY

2014 OK 49 · Supreme Court of Oklahoma · Jun 10, 2014

John Cordes, Inc. , 1999 OK 36, ¶14 , 981 P.2d 301, 306 . 7 The settled-law-of-the-case doctrine is firmly established. Wellsville Oil Co. v. … from suit in state court based on tribal immunity; and the Indian Commerce Clause does not bar enforcement of the MSACA against Native Wholesale Supply.

STATE ex rel. PRUITT v. NATIVE WHOLESALE SUPPLY

338 P.3d 613 · Supreme Court of Oklahoma · Jun 10, 2014

John Cordes, Inc. , 1999 OK 36, ¶14 , 981 P.2d 301, 306 . 7 The settled-law-of-the-case doctrine is firmly established. Wellsville Oil Co. v. … from suit in state court based on tribal immunity; and the Indian Commerce Clause does not bar enforcement of the MSACA against Native Wholesale Supply.

State v. Alford

347 P.2d 215 · Supreme Court of Oklahoma · Nov 24, 1959

to the report, averring, among other things, that the court was without jurisdiction in the action because it was against the State, which had never given its consent to such suit, or, in any manner waived its sovereign immunity … I am of the conviction that the facts presented by this case clearly serve to distinguish the case from Hawks v. Walsh, supra, and those cases which follow said case.

Opinion No. 90-Xxx (1990)

Oklahoma Attorney General Reports · Mar 26, 1990

(CITATION OMITTED) THE SALES SLIPS DO, HOWEVER, QUALIFY AS "ITEMS". AN ITEM IS "ANY INSTRUMENT FOR THE PAYMENT OF MONEY EVEN THOUGH IT IS NOT NEGOTIABLE BUT DOES NOT INCLUDE MONEY". (CITATION OMITTED). … THIS SECTION OF LAW ALSO ESTABLISHES THE DUTY OF MOST STATE AGENCIES, OFFICERS AND EMPLOYEES TO MAKE DEPOSITS INTO THESE AGENCY CLEARING ACCOUNTS AND AGENCY SPECIAL ACCOUNTS SUBPART B OF SECTION 7.1 PROVIDES IN PERTINENT

City of Enid v. Reeser

330 P.2d 198 · Supreme Court of Oklahoma · Sep 16, 1958

Under the clearly expressed rule it is "wholly incompetent. … Lehrer, was a qualified expert witness. He could testify as to things he knew and no doubt could express opinions based upon facts proven at the trial.

Pate v. State

361 P.2d 1086 · Court of Criminal Appeals of Oklahoma · Apr 19, 1961

This chain of circumstances clearly indicates that the defendant’s confession was voluntarily made. … In regard to the latter, his testimony was clearly corroborative of the pictures positively establishing the burial of Mary Jane.

Atchison, T. & S. F. Ry. Co. v. Baker

37 Okla. 48 · Supreme Court of Oklahoma · Feb 18, 1913

In 16 Cyc. p. 1088, the rule is stated thus: “Facts may be established by evidence thereof given on a former trial, provided the court is satisfied: (1) That the party against whom the evidence is offered, or Iris privy, … At the first trial, this evidence was introduced to show clearly and beyond the peradventure of a doubt that plaintiff was guilty of contributory negligence.