Case law

Hartford Fire Insurance Company v. Martin

381 P.2d 877 · Supreme Court of Oklahoma · Feb 5, 1963

And he said, T have written and found out how they classify these boats’, and he said, T would be qualified to say that it is worth $3500.00.’ He said, ‘You should have $3500.00 worth of insurance on it.’ … The evidence does not establish the money value of their labor, or the amount it enhanced the value of the boat.

Bruce v. Globe Indemnity Co.

9 F. Supp. 761 · District Court, N.D. Oklahoma · Jan 30, 1935

It is established by the pleadings and stipulation on file, that C. L. … It clearly follows that if the principal in the bond, the executor, is liable for illegal and improper expenditures of such funds, his surety should likewise be liable.

Humana Hospital Corp. v. Oklahoma Health Planning Commission

705 P.2d 175 · Supreme Court of Oklahoma · May 28, 1985

The rationale for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified experts. … In proceedings under the Administrative Procedures Act, the reviewing court is clearly not to engage in substituting its judgment as to the weight of the evidence for that of the agency. 75 O.S.1981 § 322(l)(e). 7 . 626 P

Fitzgerald v. Caldera

34 F. Supp. 2d 1299 · District Court, N.D. Oklahoma · Jan 20, 1999

The words “knowingly” and/or “intentionally” are clearly absent. … Plaintiff Was Not Otherwise Qualified Apart From His Disability Even if plaintiff could show he was a disabled person under the Act at the time of his proposed removal, to establish the second element of a prima facie case

McAlester Urban Renewal Authority v. Lorince

519 P.2d 1346 · Supreme Court of Oklahoma · Dec 4, 1973

No such essential common fact establishing liability is presented in this condemnation cases or any other, for the sole question is, of necessity, the value of the land condemned. … will not ordinarily be disturbed unless it clearly appears that this discretion has been abused.”

Eslinger v. State

734 P.2d 830 · Court of Criminal Appeals of Oklahoma · Mar 18, 1987

In his second assignment of error appellant contends that the evidence presented at trial was insufficient to establish that he knowingly concealed stolen property. … The trial judge’s complete statement clearly shows that he did not deny appellant’s right to a presumption of innocence.

Trusty v. State Ex Rel. Department of Public Safety

381 P.3d 726 · Supreme Court of Oklahoma · Sep 20, 2016

Only qualified persons authorized by the Board may collect breath, -saliva or urine, or’administer tests of breath under the provisions of this title... ’. .. … The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority; 3.

Olinghouse v. Olinghouse

66 O.B.A.J. 3845 · Court of Civil Appeals of Oklahoma · Aug 1, 1995

By using the words “in whole or in part”, any rights to custody which Mother may have, clearly remained undetermined. … “The right of a parent to the custody of a minor child is of great importance in awarding its custody, but it is not an absolute right, and is qualified by considerations affecting the welfare of the child.” Sims v.

Wilkins v. State

985 P.2d 184 · Court of Criminal Appeals of Oklahoma · Jul 1, 1999

Constitution establishes the federal constitution and the laws made pursuant to it shall be the supreme law of the land. … Even though he was a custodial parent, Appellant’s act of taking the children from their home in the middle of the night without the knowledge or consent of the other custodial parent, also in the home, qualifies as malicious

Mayo Hotel Co. v. Danciger

143 Okla. 196 · Supreme Court of Oklahoma · Apr 1, 1930

To sustain such a contention would certainly establish a new and novel rule in jurisprudence. … It is clearly revealed from this testimony that all plaintiff knew about the alleged incident about Bowles falling into the room was what his wife had told him.

In Re Estate of Hibdon

102 Okla. 145 · Supreme Court of Oklahoma · May 13, 1924

Hibdon, deceased, from a judgment of the district court of Garvin county dismissing his petition for an order of sale of the lands, left by said decedent, for the-payment of debts established against such estate. … That after said Humphrey qualified as such administrator the claims of said creditors hereinbefore named were duly presented to him, allowed and filed with said county court of Garvin county for its approval. “6.

IN THE MATTER OF THE REINSTATEMENT OF GOFORTH

434 P.3d 944 · Supreme Court of Oklahoma · Jan 23, 2019

We held, she had shown her competence and learning in the law to qualify her for readmission without retaking the bar examination. … We hold the Petitioner has met her burden of proof and established by clear and convincing evidence her eligibility for reinstatement without examination.

Haney v. State

850 P.2d 1087 · Supreme Court of Oklahoma · Apr 6, 1993

develop and implement a plan, subject to federal approval, for delivery of child support program services in order to qualify for federal funds in providing those services. 10 The Oklahoma Legislature responded by adopting … However, where the meaning of a statute was subject to serious doubt it may be presumed the amendment was meant to more clearly express a legislative intent previously indefinitely expressed. Id.

Opinion No. (1989)

Oklahoma Attorney General Reports · Jul 26, 1989

The Board does not function as an adversary of the prisoner, and it has an interest in releasing those who qualify for parole. Fronczak, 431 F. Supp. at 987 , citing Menechino v. … Specifically the Court stated: A parole system which provides for the "possibility of release" does not create a constitutionally protected liberty interest. 608 P.2d at 1134 . ¶ 20 Clearly, without a liberty and/or property

Huff v. State

9 Okla. Crim. 675 · Court of Criminal Appeals of Oklahoma · Jul 5, 1913

On this question that court said: “The reservation of the authority of Congress to legislate in the future respecting the Indians residing within the new state is clearly supportable under the federal Constitution, art. 1 … “It is not our purpose to qualify the doctrine- established by repeated decisions of this court that the admission of a new state into the Union on an equal footing with the original states imports an equality of power over

Bolin v. Oklahoma Conference of the United Methodist Church

397 F. Supp. 2d 1293 · District Court, N.D. Oklahoma · Oct 21, 2005

Plaintiff cites to the temporal proximity between her OHRC complaint and termination to establish causation. … Regardless, Moss clearly displayed and conveyed to the Bishop his knowledge of plaintiffs interest in filing with the EEOC in his May 2002 email to the Bishop. Dkt. # 38, Ex. I, Email from Defendant Rev.

Estate of Sieber v. Oklahoma Tax Commission

73 O.B.A.J. 710 · Court of Civil Appeals of Oklahoma · Oct 23, 2001

The ALJ and the OTC clearly ruled against the Estate on the first of the grounds and that ruling establishes the principle issue on appeal. 1 4 The first question is whether the Trust contains a general power of appointment … Clearly, under this definition Decedent here created and possessed a power of appointment in his Trust, and this Court so rules.

Johnson v. Hazaleus

338 P.2d 345 · Supreme Court of Oklahoma · Apr 14, 1959

On the 6th day of November, 1956, probate thereof was denied for the reason it was not dated and could not qualify as a holographic will, in that it does not meet the requirement of 84 O.S.1951 § 54. … Although in conflict in some respects the records clearly indicate and disclose the services rendered to Mr. and Mrs. Sharp by the Hazaleus family. The Haza-leus family was in no way related to the Sharps.

Westlake v. Cooper

69 Okla. 212 · Supreme Court of Oklahoma · Feb 12, 1918

If plaintiff is a holder in due course of the note, in suit, then clearly the collateral agreement with Fitch to the effect that defendant should, not be liable, as indorser was not .available as a defense to this action, … fci'ictence ancl prevail in the trial court upon a theory of defense not available against plaintiff, yet the judgment in his favor was properly rendered, and should be affirmed, for the reason that plaintiff failed to establish

Cloud v. Illinois Insurance Exchange

701 F. Supp. 197 · District Court, W.D. Oklahoma · Dec 2, 1988

The plaintiff argued that the association’s role in the insurance contracting process established its liability. … Schedule A of the insurance contract at issue clearly identifies Britamco as the underwriter.