Case law

Ellis v. Williams

297 P.2d 916 · Supreme Court of Oklahoma · May 22, 1956

Williams, were appointed and qualified as joint administrators of said estates. That case was completed on October 15, 1954. … To the contrary the record clearly discloses that Tom Williams lived upon the property involved herein without color of title from the year 1929 to March 18, 1939, and under color of title from March 18, 1939 until his death

Ex Parte Hunnicutt

7 Okla. Crim. 213 · Court of Criminal Appeals of Oklahoma · Apr 20, 1912

Our views on this subj ect were clearly and forcibly expressed by Judge Owen, in Ex parte Whitehouse, 3 Okla. Cr. 103 , 104 Pac. 374 . He there said: “As early as the case of Ogden v. Saunders, 12 Wheat. 267 , 6 L. … A later clause or provision may qualify an earlier one; and the converse is equally true.” This is not only the settled law in America, but it has been the law of England since the days of Lord Coke.

Creekmore v. Redman Industries, Inc.

671 P.2d 73 · Court of Civil Appeals of Oklahoma · Oct 21, 1983

not decide whether Appel- *80 lees were a “prevailing party”, as we find that an award of attorney’s fees based upon § 936 would be improper, because the lease agreement of real property and appurtenances thereto do not qualify … An action for termination or forfeiture of the instant lease agreement for waste clearly does not fall within § 936. For the foregoing reasons we affirm. AFFIRMED. REYNOLDS, P.J., and YOUNG, J., concur. 1 . 6 Edw.

Plunkett v. State

719 P.2d 834 · Court of Criminal Appeals of Oklahoma · May 27, 1986

He asserts that the prosecution failed to establish the reliability of the A, B, O system, and that unconfirmed results were allowed in evidence when they should not have been. … Mitchell was not in a position to view the intruder clearly, and that no description of the intruder was first made to the police officers, the evidence is clearly otherwise. Such an assertion is utterly meritless.

Question Submitted by: The Honorable Wade Roussellot, State Representative, District 12

2014 OK AG 5 · Oklahoma Attorney General Reports · Apr 11, 2014

involves the financial liability that accrues from exercising that discretion. ¶9 By enacting the Governmental Tort Claims Act ("Tort Claims Act"), see 51 O.S.2011 & Supp.2013, §§ 151 - 172, the Legislature statutorily established … Oklahoma Supreme Court has similarly narrowly construed the exemption found in Section 155(6) to also reflect the planning-operational approach: Exemptions 4, 5, and 6, when read together with this Court's explanations, define clearly

Bank of Quapaw v. Flint

97 Okla. 181 · Supreme Court of Oklahoma · Feb 12, 1924

Such officers shall hold their offices for a term of one year and until their successors are elected and qualified. … acting outside the scope of his authority in making the representations if in fact he did make them and the failure of the proof to establish the fact that the bank derived any benefit from the transaction, other than the

Colorado Interstate Gas Co. v. Oklahoma, Ex Rel. Commissioners of the Land Office

760 F. Supp. 1466 · District Court, W.D. Oklahoma · Mar 12, 1991

Moreover, the Act clearly expresses the policy to avoid piecemeal litigation. Id. … This is perhaps most clearly illustrated by the language of plaintiffs’ complaint.

Willis v. Sequoyah House, Inc.

194 P.3d 1285 · Supreme Court of Oklahoma · Sep 23, 2008

mistakes on the part of the plaintiffs, the trial court's dismissal cannot be viewed as an abuse of discretion; (d) and Sequoyah House need not show any prejudice from the five-day delay in service because plaintiffs failed to establish … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the expert's determination that, based upon a review of the available medical records, facts

DeGolyer v. Chesney

527 P.2d 844 · Supreme Court of Oklahoma · Oct 8, 1974

But he says that “if the trial court would have accepted” his Exhibit No. 1 as proof of the payment it was introduced to establish, then there would have been no finding of a deliberate or intentional failure, on his part … This qualified statement is undoubtedly true, but, in all candor, it must be recognized [as we did in reference to the order in Hight, supra, 148 P.2d p. 480] that adoption affects, and is interrelated with, custody; and

Doughty v. Martin

509 P.2d 122 · Supreme Court of Oklahoma · Apr 10, 1973

This clearly indicates that for ad valo-rem tax purposes a transmission company is one that transmits messages. … We therefore conclude § 135 does not establish venue in Canadian County.

Johnson v. State

952 P.2d 1003 · Court of Criminal Appeals of Oklahoma · Jan 29, 1998

We must first determine whether a petitioner has established counsel’s conduct was deficient under prevailing professional norms. Walker, 933 P.2d at 333 . … Johnson submits that Holt’s testimony would have demonstrated his factual innocence. 2 The record clearly demonstrates that counsel had the benefit of Holt’s trial testimony when preparing defendant’s direct appeal. 3 Therefore

Texas Co. v. Oklahoma Tax Commission

207 Okla. 385 · Supreme Court of Oklahoma · Jan 29, 1952

Gipsy Oil Co., and other prior decisions granting immunity from taxation to lessees of such restricted lands, holding that the decision in Helvering v. … It is clearly apparent that there is nothing in the factual situation in the instant case which would justify this court in adhering to the rule announced in the Queen City case.

Nicholas v. Oklahoma City Mailer's Union No. 30

285 P.2d 399 · Supreme Court of Oklahoma · Jun 21, 1955

a “conditional” or “qualified” privilege. … In view of these and many other considerations, not clearly reflected by plaintiff’s evidence, and necessary to a correct decision as to defendants’ legal responsibility to plaintiff, if any, for causing publication of the

Schmitt v. Hunt

359 P.2d 198 · Supreme Court of Oklahoma · Dec 19, 1960

That case is clearly distinguishable from the case at bar. … Section 813 under such construction and operation is clearly valid. We call attention to Campbell v.

Harris v. Reed

District Court, N.D. Oklahoma · Feb 4, 2025

The law is clearly established that a detention officer may not subjectively disregard an inmate’s obvious need for medical treatment when there is a risk of serious harm to the inmate, and Black is also not entitled to qualified … immunity from plaintiff’s § 1983 claim at this stage of the case.

In Re Cleveland's Claim

72 Okla. 279 · Supreme Court of Oklahoma · Apr 29, 1919

year nineteen hundred ten shall be the official census of the state, and all counties, municipalities and subdivisions thereof for all official purposes; Provided, that upon the petition of twenty-five per cent, of the qualified … Clearly, as the former act establishes courts immediately upon its taking effect and refers to conditions then existing, while the latter act establishes nothing at the time, but authorizes future action only, and as the

Dancy v. Peebly

132 Okla. 84 · Supreme Court of Oklahoma · Jul 28, 1928

That each of said plaintiffs are duly qualified under the laws of the state of Oklahoma to seek and to hold the political and official positions hereinafter sought by them. … That all of said plaintiffs are members of the Republican party, and are duly registered and qualified voters under the laws of the state of Oklahoma.

State ex rel. Williamson v. Commissioners of Land Office of the State

301 P.2d 655 · Supreme Court of Oklahoma · Sep 18, 1956

In reference to the foregoing provisions of the Enabling Act and in particular notice of the second paragraph of Section 8, above quoted, we have heretofore expressed the view and held that the Congress clearly expressed … Congress to prescribe any such conditions operating to limit in the future the legislative powers of a new state over matters in their nature confined exclusively to the states as a part of their sovereign powers; that the establishment

Embry v. Innovative Aftermarket Systems L.P.

198 P.3d 388 · Court of Civil Appeals of Oklahoma · Mar 18, 2008

The contract made no mention of insurance and TLC was not qualified to be in the insurance business. The Court ruled that the contract was an insurance contract because it met the definition of an insurance contract. … The Summary Judgment record does not establish that the DRWA addendum was actually included in the assignment of the financing agreement from DSC to TFCU.

Brightmire v. District Court of Tulsa County

424 P.2d 425 · Court of Criminal Appeals of Oklahoma · Feb 28, 1967

Clearly, this portion of the section provides the Agency, as such, with the power of subpoena duces tecum. … Therefore, if the statutes have been properly followed to establish the deposition hearing, a question which-we are not called upon at this time to answer, since it is one reviewable on appeal, then the witness should be