Case law

Randolph v. State

231 P.3d 672 · Court of Criminal Appeals of Oklahoma · Feb 4, 2010

State, 1996 OK CR 2, ¶ 64 , 912 P.2d 878, 894 , which is shown only when the ruling "is clearly made outside the law or facts of the case." … On appeal he maintains this claim, but now asserts a different claim that the entry exceeded the scope of a qualified consent.

Application of Central Airlines, Inc.

199 Okla. 300 · Supreme Court of Oklahoma · Oct 21, 1947

It is recognized by the commission that under established law in this state (Southwestern Light & Power Co. v. … And apart from the question whether it would be clearly inclusive of a corporate entity, receiver or trustee it would not by force of the language alone be inclusive of a person who as owner or tenant is engaged in transportation

Kirkpatrick v. United States

449 F. Supp. 186 · District Court, W.D. Oklahoma · Feb 21, 1978

A Motion for Summary Judgment should be granted only when the moving party has established the absence of any genuine issue as to a material fact. Williams Petroleum Co. v. … In the instant ease, the record before the Court clearly establishes that the Tower was build with the proceeds of the Bonds and leased to Mercy Hospital, an exempt person.

CITY OF BROKEN ARROW v. SNYDER

436 P.3d 748 · Court of Civil Appeals of Oklahoma · Aug 8, 2018

In other words, the weight that the trial court chose to afford to the IME's report was influenced by the IME's qualified opinion. ¶22 All three reports are competent evidence in the sense that they are admissible and no … In other words, when evidence is objected to as lacking in probative value, the issue is whether it is probative of the elements it seeks to establish once admitted." Lacy v.

OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. DRUMMOND

2023 OK 24 · Supreme Court of Oklahoma · Mar 21, 2023

Bozman , 376 Md. 461, 469-70 , 830 A.2d 450, 455 (2003) for a discussion of the common law doctrine of interspousal immunity. Rule of Thumb and the Folklaw of the Husband's Stick , Jo. … Waties Waring who presided over the case of Isaac Woodward Jr., and who later became a civil rights icon, asked his wife of thirty years to move to Florida, establish residency, and file for divorce.

Love v. Boyle

72 Okla. 300 · Supreme Court of Oklahoma · Feb 18, 1919

this action, alleging that the plaintiffs in error, defendants below, who were respectively the duly elected, qualified, and acting Corporation Commissioners, and the duly appointed, acting, and qualified chief oil and gas … rule that legislative enactments must be upheld and followed by the courts unless they are clearly violative of some provision, either expressed or necessarily implied, of the organic law.

Smith v. Baker

5 Okla. 326 · Supreme Court of Oklahoma · Feb 12, 1897

This provision simply codifies the common law, and unless qualified by other statutory provisions, the right of the debtor to select and prefer one creditor to another, and to transfer his prop, erty in payment, or to convey … Jenks, applicable to the facts therein stated, is clearly distinguishable from the case at bar. In this case, there is no element of trust. In Straw v.

REVOLUTION RESOURCES v. ANNECY

477 P.3d 1133 · Supreme Court of Oklahoma · Nov 24, 2020

There was a rational basis in the evidence for the district court's order denying the temporary injunction and it clearly was not an abuse of discretion. … place of residence with some family member over fifteen (15) years of age, or, in the case of nonresidents, unknown heirs or other persons whose whereabouts cannot be ascertained, by publication in one issue of a newspaper qualified

NBI Services, Inc. v. Ward

132 P.3d 619 · Court of Civil Appeals of Oklahoma · Nov 22, 2005

We disagree. ¶ 20 As noted above, it is well-established that Oklahoma district courts have jurisdiction to afford relief for claims of nuisance and negligence. … It also is established that legislation “cannot abrogate the common law by implication; rather, its alteration must be clearly and plainly expressed.” Tate v.

Braught v. State

17 Okla. Crim. 1 · Court of Criminal Appeals of Oklahoma · Apr 1, 1919

Cox, 26 Okla. 331 , 109 Pac. 511 , it is held: “Where the continuance of the cause is sought on the ground of an absent witness, the party applying therefor must, among other things, make it clearly appear in the application … Braden, or Ben Braden, assumed the duties of office, and qualified and was acting as deputy county attorney for at least five or ten days before Fred Speakman came to the office or qualified.”

Wilkerson v. City of Pauls Valley

72 O.B.A.J. 1878 · Court of Civil Appeals of Oklahoma · Feb 13, 2001

Clearly, this threat implicates the public interest at large and the public treasury. … Wilkerson must establish that the decisions below constituted a clearly erroneous conclusion and judgment, against reason and evidence, in order to demonstrate an abuse of discretion. See Green Bay Packaging, Inc. v.

Midland Valley Railroad v. Barnes

162 Okla. 44 · Supreme Court of Oklahoma · Jan 24, 1933

Further than that, “establish to your satisfaction” seems clearly much stronger than “find” or “believe” immediately followed by the words “from a preponderance of the evidence.” … Proof to a demonstration is not required, and it is usually unfortunate to employ qualifying words when defining the necessity for a preponderance of the evidence. Hoffman v. Loud, 69 N. W. 231, 232 , 111 Mich. 158 .”

Missouri, O. & G. Ry. Co. v. Overmyre

58 Okla. 723 · Supreme Court of Oklahoma · Jul 25, 1916

Immunity on account of negligence in the location of railway tracks is denied in other jurisdictions. In Gordon v. Chicago, etc., Ry. Co., 129 Iowa, 747 , 106 N. … In the opinion it was held that the evidence before the jury clearly tended to prove the faulty construction of the Porter siding; reference to it being made as the- “dangerous man trap that was thereby set for brakemen and

Tyler v. United States of America

District Court, W.D. Oklahoma · Apr 29, 2024

On appeal, the Tenth Circuit affirmed the district court’s decision to deny the officer qualified immunity on both claims. See id. at 1294. None of these cases are relevant, however, because Mr. … Supp. 3d 1173, 1217 (D.N.M. 2017) (noting that the “Tenth Circuit has emphasized that all dismissals for lack of jurisdiction, including those for a failure to establish a waiver of sovereign immunity under the FTCA, should

English v. Rainwater

403 P.2d 449 · Supreme Court of Oklahoma · Feb 16, 1965

Plaintiffs’ evidence established they were heirs named in the will mentioned, and they relied upon the final decree of the probate court to establish their right to distribution of the estate according to terms of the will … The undisputed testimony clearly established an agreement that the grantees named in the deed were to provide care and support for the grantor.

State ex rel. Department of Institutions, Social & Rehabilitative Services v. Griffis

545 P.2d 763 · Supreme Court of Oklahoma · Dec 9, 1975

(e) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child. … The adoption statutes clearly do not permit any interpretation which would derogate the constitutionally vested jurisdiction of the trial judge and allow a delegation of this decision making power to the Department or to

Opinion No. 78-167 (1978) Ag

Oklahoma Attorney General Reports · Jul 31, 1978

The applicable provisions of the Code establishing eligibility for license are contained in 59 O.S. 858 -302 [ 59-858-302 ] (1977), and 59 O.S. 858 -303 [ 59-858-303 ] (1977). … The foregoing statutes clearly set forth the mandatory duty of the Oklahoma Real Estate Commission to issue licenses to any applicant who shall meet the qualifications as stated therein.

DeMarsh v. Payzant

550 F. Supp. 4 · District Court, W.D. Oklahoma · Aug 12, 1981

U.S. 952 , 99 S.Ct. 2182 , 60 L.Ed.2d 1058 (1979), we described the test for determining whether a complaint asserts, on its face, a substantial federal question: “A case ‘arises’ under the laws of the United States if it clearly … First National Bank of Guymon, Oklahoma, 437 F.Supp. 788 (W.D.Okl. 1977), as follows: [T]o establish jurisdiction under 28 U.S.C. § 1343 (3), Plaintiff must raise a substantial federal question.

Aldridge v. Burchfiel

421 P.2d 655 · Supreme Court of Oklahoma · Oct 11, 1966

The trial proceedings clearly established that the defendant was not misled to his prejudice by the failure of plaintiff to allege that the oral agreement whereby defendant became obligated to pay for the extra work was the … A qualified witness for the plaintiff testified positively that the amount due the plaintiff after proper deductions was $9,611.68.

Elder v. United States

District Court, W.D. Oklahoma · Oct 7, 2021

The FTCA provides a waiver of sovereign immunity, but that waiver is narrowly and strictly construed. … Examination of the administrative claim filed by Plaintiff establishes that he made no mention of a June 13 claim in that document.