Case law

Territory of Oklahoma Ex Rel. McGuire v. Board of Trustees

13 Okla. 605 · Supreme Court of Oklahoma · Mar 4, 1904

of the county shall vote by ballot for or against establishing such high school. … As to the question thus submitted the language of the act is clearly a limitation upon the powers of the election board.

Mayberry v. Gaddis

88 Okla. 286 · Supreme Court of Oklahoma · Feb 6, 1923

It is also contended that some qualified voters were not permitted to vote, but the rule established by his court in that regard is that one who seeks to have an election declared void and set aside on the ground that by … There is no foundation for the latter claim, as the question submitted clearly showed that the entire amount of $675,000 should be authorized to be issued for the purpose of meeting like amounts to be furnished by the state

Raymond v. (1) Select Specialty Hosp. Tulsa/Midtown, LLC

375 F. Supp. 3d 1203 · District Court, N.D. Oklahoma · Mar 20, 2019

During the investigation, Goetz spoke to Sutherland, who clearly denied sleeping. (Doc. 28-3, pg. 7.) Goetz also reinterviewed Tiemens, who then said she was not 100% sure that Sutherland was sleeping. … Prima Facie Case Plaintiff has met her burden of establishing a prima facie case.

Zachary v. Rescare Oklahoma, Inc.

471 F. Supp. 2d 1183 · District Court, N.D. Oklahoma · Dec 20, 2006

This statement, whatever it means, does not establish a genuine issue of material fact. … Prior Stipulation and Law of the Case Clearly, this is a new theory being asserted by Plaintiffs as grounds for judgment on Defendants’ affirmative defense.

Akin v. Harris

138 Okla. 30 · Supreme Court of Oklahoma · Apr 30, 1929

It appears that Stewart had been elected for a term, to which he had qualified, and had be'en reelected. … •‘But, on the other hand, where the appointment or election is made for a definite term or during good behavior, and the removal is to be. for cause, it is now clearly established by the great weight of authority that the

Alexander v. State

534 P.2d 1313 · Court of Criminal Appeals of Oklahoma · Apr 23, 1975

He stated that because the natural father of Judithan Brig-nance was on active military duty she was qualified for medical treatment by a military physician. … O., testified that he was a qualified Medical Examiner. He stated that he began treating the defendant in March of 1973, and confirmed that the defendant suffered from epilepsy.

Hill v. Burnett

69 Okla. 54 · Supreme Court of Oklahoma · Jan 8, 1918

That Frank Hill is the duly appointed, qualified, and acting guardian of the plaintiff. That Bates B. Burnett is the duly appointed, qualified, and acting guardian of the defendant. … in trust for- the plaintiff, and that the defendant be required to execute and deliver to the plaintiff a due and proper conveyance of said lands, and, upon the failure of the defendant so to do, that the decree herein, establishing

Smith, Secretary of State v. State Hepburn

28 Okla. 235 · Supreme Court of Oklahoma · Nov 15, 1910

The better opinion would clearly be that Congress could not impose as ah obligation upon a state at the time of its admission into the Union such a restriction as it had no original power to enact or enforce.” … The seventeenth and eighteenth sections related to the establishment of a system of public instruction in the city.

Faust Corp. v. Priddy

309 P.3d 140 · Court of Civil Appeals of Oklahoma · May 21, 2013

"An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence." … He did not do so, arguing instead in his motion to vacate that the assignment documents did not qualify as assignments or as assignments of any account where he was the obligor.

Estate of Vaughan v. Vaughan

253 P.3d 1010 · Court of Civil Appeals of Oklahoma · Apr 29, 2011

But notice by publication is clearly insufficient with respect to one whose name and address are known or readily ascertainable from sources at hand. … Passage of time will neither vitalize a facially flawed decree (or judgment) nor immunize its plainly fatal deficiency from collateral attack.

THOMAS v. STATE

550 P.3d 960 · Court of Criminal Appeals of Oklahoma · May 30, 2024

State , 1996 OK CR 56, ¶ 40 , 929 P.2d 988, 998 , which is a clearly erroneous conclusion and judgment, one that is contrary to the logic and effect of the facts presented. Neloms v. … See also 22 O.S.Supp.2021, §§ 982a, 812.1, 953, 1054, 1087, 1089(D)(1) and 1089.2. ¶5 Attorneys and pro se litigants are responsible for understanding the rules of this Court, especially those which establish time limits,

PARSONS v. DISTRICT COURT OF PUSHMATAHA COUNTY

2017 OK 97 · Supreme Court of Oklahoma · Dec 12, 2017

During the required period of hospitalization the Department of Mental Health and Substance Abuse Services shall have the person examined by two qualified psychiatrists or one such psychiatrist and one qualified clinical … The trial judge's June 6, 2012, order clearly deviated from the aforementioned statutory language. Journal Entry, Orig.

Collier v. Reese

223 P.3d 966 · Supreme Court of Oklahoma · Nov 17, 2009

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … In other words, the speech of lawyers representing clients in pending cases may be regulated under a less demanding standard than that established for regulation of the press. .

Williams v. Johnson

32 Okla. 247 · Supreme Court of Oklahoma · Mar 12, 1912

allotted said land; that by act of Congress approved March 3, 1901 (Act March 3, 1901, c. 808, 21 St. at L. 1447) , Selin Taylor was made a citizen of the United States, and thereby entitled to all rights, privileges, and immunities … This seems to be the settled and established holdings of the courts relative to this question.

Galarza v. Galarza

259 P.3d 893 · Court of Civil Appeals of Oklahoma · Apr 13, 2011

We will not disturb the trial court's order "absent an abuse of discretion, or a finding that the decision is clearly contrary to the weight of the evidence." Watkins v. … Although Husband states in his appellate brief that the language of this decree "does not ... establish that it was a consent [dJecree," Husband also argues in his Petition in Error that "[the Court abused its discretion

Edmonds v. Town of Haskell

121 Okla. 18 · Supreme Court of Oklahoma · Mar 30, 1926

The title of the act clearly disclrses such purpose, and the provisions of sections 1 and 2 thereof show clearly just how such purpose may be carried out, just how such towns may avail themselves of the privilege thus conferred … of lots subject to assessment to pay for the sewer sought to enjoin the work and the assessment on the ground that the engineers were nonresidents and ineligible to he city engineers, that they had not been appointed and qualified

Moore v. Oklahoma Employment Security Commission

301 P.3d 885 · Court of Civil Appeals of Oklahoma · Dec 27, 2012

Clearly, had the advocate been called as a witness by Moore and testified to the same facts she provided in her answer to the hearing officer, her testimony would have been admissible. … Just as clearly, if this were a civil proceeding governed by the Oklahoma Evidence Code, the advocate's statement would not constitute evidence and could not be relied on. Willis v.

Prager's Paris Fashion v. Seidenbach

113 Okla. 271 · Supreme Court of Oklahoma · Sep 22, 1925

'< fits from the destruction or interruption of an established business may he recovered where it is made reasonably certain by competent -proof "bat the amount of the loss actually is; and such damages must he established … It clearly appears that the entire action of the defendant in its prior suit against the plaintiff sought injunctive relief only, and that the services rendered by the attorney for the plaintiff in that action were rendered

Miller v. State

9 Okla. Crim. 255 · Court of Criminal Appeals of Oklahoma · Apr 26, 1913

Temple was then placed upon the stand by the state and qualified as an expert. He testified .that he too was called to examine the body of the deceased. … It clearly appears from the testimony of all of the witnesses that they were only expressing their opinions as experts'as to the cause of the death *263 of the deceased.

In Re Nitey's Estate

175 Okla. 389 · Supreme Court of Oklahoma · Dec 24, 1935

Smith, field representative of the Secretary of the Interior and the witnesses to the will, clearly established a prima facie case for the proponents. … The testimony of proponents’ witnesses was clearly to the effect that she possessed such capacity. Contestants sought to prove the contrary.