Case law

Bunch v. TERPENNING

229 P.3d 574 · Court of Civil Appeals of Oklahoma · Nov 19, 2009

The record establishes that Terpenning made ten loans that would satisfy the definition in § 3-104. … Foreclosure for nonpayment is clearly an "enforeement of rights" prohibited under section 3-502(1), and we *581 find this argument without merit.

Thornton v. Ford Motor Co.

297 P.3d 413 · Court of Civil Appeals of Oklahoma · Dec 28, 2012

To qualify as a "New Motor Vehicle Dealer" under either version, a dealer must hold "a bona fide contract or franchise in effect with a manufacturer." See § 562(2) of the Act. … The Act at issue here clearly does not delineate any required conduct from motor vehicle manufacturers, like Ford, during the approval process under § 565.3.

Moore v. State

58 Okla. Crim. 122 · Court of Criminal Appeals of Oklahoma · Oct 25, 1935

I have received no promise of immunity or assistance of any kind from the banking department in consideration of my testifying in this case, although I was charged with a like offense in the district court of Oklahoma county … It is clearly shown by the record that the testimony of Earl Buttrill is fully corroborated as to facts sufficient to connect the defendant with the crime.

Arie v. State

1 Okla. Crim. 666 · Court of Criminal Appeals of Oklahoma · Feb 20, 1909

same shall provide by ordinance for submitting said Constitution to the people of said proposed state for its ratification or rejection at an election to be held at a time fixed in said ordinance, at which election, the qualified … The weight of authority is overwhelming that no immunity, by virtue of any constitutional provision, either federal or state, exists so as to prevent the state Legislature from regulating, and even prohibiting the traffic

Carlile v. Harmon

179 Okla. 303 · Supreme Court of Oklahoma · Dec 8, 1936

Plaintiff was married in August, 1923, with the consent and approval of her uncle, and established a home of her own. After the marriage of the plaintiff, her aunt, the wife of Henry N. … Harmon, was duly appointed and qualified as executrix.

City of Muskogee v. Martin

61 O.B.A.J. 1928 · Supreme Court of Oklahoma · Jul 17, 1990

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 … A close reading of Marrs reveals Haworth’s reliance on the case was improper and Marrs is clearly distinguishable from the facts in the case at hand.

State Ex Rel. Department of Highways v. Ray I. Jones Service Co.

475 P.2d 139 · Supreme Court of Oklahoma · Oct 5, 1970

The center clearance afforded by the bridge was clearly marked prior to entry into the bridge to apprise defendant’s driver of the hazard. … Rather, the evidence should be directed to the total cost of repairing the bridge by one deemed to be a qualified and responsible bidder as required by the applicable statute.

Spade v. Morton

28 Okla. 384 · Supreme Court of Oklahoma · Mar 21, 1911

Rep. 183 , the administrator had conveyed land upon a private sale, without publication of notice, and the court held, not, however, without criticism of the doctrine that had been established by the previous decisions of … The position occupied by the court in sales by guardians has been clearly defined by the decisions.

Opinion No. 92-542 (1992)

Oklahoma Attorney General Reports · Oct 20, 1992

X, 14 AND 15, OPINED: "UNDER THESE CONSTITUTIONAL PROVISIONS, THE WELL ESTABLISHED RULE IN OKLAHOMA HAS BEEN THAT PUBLIC FUNDS CANNOT BE USED TO ASSIST INDIVIDUALS, PRIVATE ORGANIZATIONS OR ASSOCIATIONS IN THEIR FUNCTIONS … INCREASED BENEFITS FOR PUBLIC EMPLOYEES WOULD APPEAR TO HELP TO RETAIN QUALIFIED PUBLIC EMPLOYEES, THEREBY BENEFITTING THE PUBLIC AS A WHOLE.

Stuckwish v. St. Louis-S. F. Ry. Co.

177 Okla. 361 · Supreme Court of Oklahoma · Jun 30, 1936

The judgment was not qualified in any manner to indicate any right to farther litigate the merits. … But it is not necessary that we base our present conclusion solely upon that contention, since the present record so clearly sustains the trial court in rendering judgment for the defendant on the pleadings.

Saldivar v. Aberdeen Dynamics, LLC

284 F. Supp. 3d 1241 · District Court, N.D. Oklahoma · Feb 16, 2018

This temporal proximity between the complaint and the materially adverse action by Aberdeen clearly supports an inference of a causal connection. … The ADA makes it unlawful to "discriminate against a qualified individual on the basis of disability." 42 U.S.C. § 12112 (a).

ELIAS v. CITY OF TULSA

2022 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Sep 17, 2021

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary or capricious; 7. Procured by fraud; or 8. … The error with Elias' proposition is that "all" means "all" in § 46H because the statute contains no qualifier or other limitation, such as "all, except . . ." or "all, not including . . . ."

Cox v. Colbert

135 Okla. 218 · Supreme Court of Oklahoma · Feb 26, 1929

Atkins, supra, this record evidence is conclusive as to the identity of the various members of the tribe interested in this litigation, in the absence of clear, unambiguous, and convincing evidence clearly establishing error … This proceeding was brought, therefore, by on© who was immune from harm by any unfavorable holding, against the heirs of Colbert for the purpose of securing a finding against such h'eirs that would conclude them as to their

Summa Engineering, Inc. v. Crawley Petroleum Corp.

286 P.3d 653 · Court of Civil Appeals of Oklahoma · Jul 7, 2011

After Sum-ma rested, Defendants demurred to the evi *657 dence, arguing a qualified proposal is a new proposal under 15 0.98.2001 § 71 and their response to the proposal "was more than qualified. … T 19 Comparison of Summa's original proposal with Defendants' July 10, 2008 letter clearly reveals they offered new terms which completely changed the proposal and must be viewed as a rejection or counterproposal.

Louisiana Iron & Supply Co. v. Jolly

174 Okla. 579 · Supreme Court of Oklahoma · Oct 22, 1935

It is a well-established doctrine that a tax on property in transit from one state to another is invalid because an illegal burden on interstate commerce, and one of the principal questions involved in this case is whether … In this ease the defendants, among other things, insist in their brief that in an equitable action the finding of the trial court should be sustained unless it appears that its findings are clearly against the weight of the

Mize v. Liberty Mutual Insurance

393 F. Supp. 2d 1223 · District Court, W.D. Oklahoma · Jun 29, 2005

First, they argue that Mize fails (in his Amended Complaint) to allege facts sufficient to establish LMIC’s liability for negligence. … Section § 230.30, however, is clearly an act of the Oklahoma Legislature that, like § 230.24, establishes the powers and duties of the Corporation Commission. See Okla.

Estate of Hicks Ex Rel. Summers v. Urban East, Inc.

75 O.B.A.J. 1484 · Supreme Court of Oklahoma · May 25, 2004

"Liability to residents-Injunctive and declaratory relief-Damages-Waiver of rights-Jury trial-Retaliation against residents-Immunity-Report of abuse or neglect." A. … This section clearly reflects the intent of the legislature that the Nursing Home Care Act was not intended to be a resident's exclusive remedy. 1183 In Rogers v.

Moran v. State Ex Rel. Derryberry

534 P.2d 1282 · Supreme Court of Oklahoma · May 2, 1975

opinion of the State Insurance Fund Commissioner and of an expert consulting actuary in the field of Workmen’s Compensation that the reserves were excessively low and inadequate; that the reserves, percentage-wise, were clearly … Bone, Okl., 344 P.2d 562 , we held the State Insurance Fund, as an agency or instrumentality of the State, did not have the immunity of the State from suit, and could be sued and held liable for damages because of negligence

BALES v. STATE ex rel. OKLA. REAL ESTATE APPRAISER BOARD

492 P.3d 625 · Court of Civil Appeals of Oklahoma · Dec 3, 2020

Pearce was qualified to be certified. Mr. Bales testified: "I've been practicing or appraising for ten years now, so I have a pretty good idea if someone's qualified to appraise or not, and [Mr. … Bales testified, "I've been practicing or appraising for ten years now, so I have a pretty good idea if someone's qualified to appraise or not, and [Mr.

Dodson v. State

562 P.2d 916 · Court of Criminal Appeals of Oklahoma · Apr 6, 1977

Will you tell this Court and jury have you ever had an occasion to be qualified as an expert in firearms identification in the past in other courts? “A. Yes sir. … To the contrary, the record clearly reflects that the conduct of the prosecuting attorneys were well within the guidelines set out by the American Bar Association and approved by this Court in Dupree v.