Case law

O'NEILL v. Long

73 O.B.A.J. 1989 · Supreme Court of Oklahoma · Jul 2, 2002

indicates that permission to use the vehicle is limited by the scope of consent granted, we do not believe that our statutory provision is so qualified. … State Farm moved to dismiss the third garnishment, contending that its denial of liability under the policy was conclusively established by operation of 12 0.$.2001, § 1177 when the O'Neills and American Fidelity failed to

Fisk v. Kundert

440 P.2d 690 · Supreme Court of Oklahoma · Apr 23, 1968

The correction survey established that the title was in the United States and the Act of Congress provided the grounds for procuring a patent. Grace A. … The record clearly reflects that Fisk then took possession and remained in exclusive possession by his tenants to and at the time of trial.

Wells Fargo Bank, N.A. v. Taylor

417 P.3d 1212 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Thus, Plaintiff satisfied its burden of establishing standing when it filed its foreclosure petition. See Toxic Waste Impact Group, Inc. v. … We find that, in this case, the contract is ambiguous if the named mortgagee does not qualify as a mortgagee pursuant to Oklahoma law.

BRAITSCH v. CITY OF TULSA

2018 OK 100 · Supreme Court of Oklahoma · Dec 18, 2018

Constitution provides: 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 … However, determining what enumerated subject was violated is immaterial because Braitsch cannot establish 85A O.S. § 89 is a special law.

Public Service Co. v. Parkinson

193 Okla. 112 · Supreme Court of Oklahoma · Sep 28, 1943

Miles, 185 Okla. 140 , 90 P. 2d 631 , the Legislature is by constitutional mandate charged with the duty of establishing a public school system (art. 13, sec. 1, Okla. State Const.). … Clearly, under it, the Tulsa district cannot insist upon the Red Fork and Dawson districts assuming a portion of the bonded debt which it had incurred prior to the time of the joinder.

American Southwest Properties, Inc. v. Tulsa County Board of Equalization

338 P.3d 647 · Court of Civil Appeals of Oklahoma · Nov 4, 2014

'"Use value" is defined as "the basis for establishing fair cash value of real property pursuant to the requirement of Section 8 of Article X of the Oklahoma Constitution." 68 0.S. 2802(30). . … This test was clearly derived from the definition of "agricultural production" and "production of agricultural products" (as defined by the Oklahoma Administrative Code, as applicable to sales and use taxation) "is limited

In Re First SEC. Mortg. Co., Inc.

117 B.R. 1001 · United States Bankruptcy Court, N.D. Oklahoma · Aug 21, 1990

Nor does it clearly appear whether the $7,128 fee is so excessive in amount or disproportionate to Dunhill’s actual efforts and First Security’s actual benefits as to qualify as “improvident.” … Under these circumstances, the conditions which permit modification of the fee are not established; and so the fee stands unmodified.

Southwestern Bell Telephone Co. v. State

204 Okla. 225 · Supreme Court of Oklahoma · Mar 8, 1951

The Company has had abundant opportunity to establish its contentions. In seeking to do so, the Company has submitted elaborate estimates and computations, but these have overshot the mark. … It is enough that the rates have been established by competent authority and that their invalidity has not been satisfactorily proved.”

KNOX v. OKLAHOMA GAS AND ELECTRIC CO.

2024 OK 37 · Supreme Court of Oklahoma · May 21, 2024

The legislative amendment clearly rejects liability of an employer based upon treating the employer as a third-party tortfeasor by a dual capacity or dual persona doctrine. … Co. , 2005 OK 5, n.30 , 107 P.3d 595, 602 . 61 In re M.K.T. , 2016 OK 4, ¶86 , 368 P.3d 771, 798 ("we are unable to address issues clearly outside the record"). 62 Knox v.

Sharp Ex Rel. Commercial Financial Services, Inc. v. Chase Manhattan Bank USA, N.A. (In Re Commercial Financial Services, Inc.)

350 B.R. 559 · United States Bankruptcy Court, N.D. Oklahoma · Oct 31, 2005

However, an expert’s conclusions are not immune from scrutiny: “A court may conclude that there is simply too great an analytical gap between the data and the opinion proffered.” General Elec. Co. v. … In its memorandum opinion, the court stated: “While perhaps qualified to opine on *572 the generalities of the bad debt industry, she is not sufficiently qualified under F.R.E. 702 to read credit reports to determine when

Eberle v. King

20 Okla. 49 · Supreme Court of Oklahoma · Jan 10, 1908

On March 1, 1889, the Congress of the United States passed an act, entitled “An act to establish a United States Court in the Indian Territory, and for other purposes” (Act March 1, 1889, c. 333, 25 Stat. 783 ), and therein … Ene. of Law (2d Ed.) p. 744, and note, citing authorities. *64 In other words, where the writ is sought to be invoked, the proper inquiry is, does the duty sought to be enforced clearly result from an office, trust, or station

OPY I, L.L.C. v. FIRST AMERICAN TITLE INSURANCE CO., INC.

350 P.3d 163 · Court of Civil Appeals of Oklahoma · Dec 19, 2014

The directive does not include any qualifying or limiting language. … Fidelity and Guaranty Co., 1996 OK 28 , 912 P.2d 861 . 11 Here, the terms of the policy are not ambiguous and clearly establish Defendant has the right, but not the duty, to take whatever affirmative action it may deem necessary

Price v. Driscoll

District Court, E.D. Oklahoma · Jul 11, 2025

A prima facie case of employment discrimination is established by facts showing that the plaintiff (1) is a member of a protected class, (2) suffered an adverse employment action, (3) was qualified for the position at … Green, 411 U.S. 792, 802 (1973) (prima facie case may be establish by showing: “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants;

Robison v. Graham

799 P.2d 610 · Supreme Court of Oklahoma · Oct 1, 1990

However, Appel-lees also had to sustain their burden of proof as to the constructive trust and parol evidence may be used to prove the establishment of a constructive trust. 10 In this respect, not only was the attorney’s … Only the property acquired during the marriage qualifies for the elective share, which seems to be particularly equitable in the short-term marriage. 22 .

State Highway Commission v. Green-Boots Const. Co.

199 Okla. 477 · Supreme Court of Oklahoma · Jul 8, 1947

The testimony of Tom Green conflicts with the evidence produced on behalf of the Highway Commission regarding those items, and, while creating doubt, does not clearly establish that the claimant was not paid in full therefor … “Mandamus is a summary remedy, extraordinary in its nature, and to be applied only when a right has been clearly established, so that there, remains only a positive ministerial duty to be performed, and it will not lie when

Ezell v. Midland Valley R. Co.

73 Okla. 40 · Supreme Court of Oklahoma · Aug 13, 1918

quarantine line to points above the quarantine line, pursuant to regulations prescribed by law, is involved in the carriage and handling of said cattle by said railroad company, and is a part of its public service, and therefore clearly … Amendment is that of the common law, and it may be limited or qualified by a special contract with the shipper, limiting it in a just and reasonable manner, except exemption from loss or responsibility due to negligence;

Brown v. Ludi-Leitch

District Court, N.D. Oklahoma · Aug 24, 2020

The complaint does not list specific claims that Brown is asserting against Judge Ludi-Leitch, but he does more clearly identify the relief he seeks. … Neither absolute nor statutory immunity bar a claim for declaratory relief against a judicial officer, but the Brown must establish that there is an actual case or controversy supporting the entry of declaratory relief.

Opinion No. 72-110 (1972) Ag

Oklahoma Attorney General Reports · Feb 17, 1972

Clearly, this section is applicable to bonds issued pursuant to Section 4015 . … Further, Section 70 O.S. 4404 [ 70-4404 ] provides that the Board of Trustees, the governing board of the respective community junior college, shall be composed of seven members who are qualified electors of the junior college

Trotter v. Loum

321 P.2d 651 · Supreme Court of Oklahoma · Feb 4, 1958

that the plaintiffs be barred and enjoined from establishing a business in the addition. … contained in the plat restrictions covering an addition to a city, restricts the use of residences constructed in said addition solely to residential purposes where there is no provision in the restrictions modifjdng or qualifying

Brown v. State

506 P.2d 1396 · Court of Criminal Appeals of Oklahoma · Mar 2, 1973

The prosecutor's sworn testimony was essentially limited to a statement that he had examined David Hamberlin's back two days after the defense witness's examination and *1399 had observed clearly visible injuries. … Sweat, 242 Miss. 646 , 136 So.2d 580 (1962), the prosecutor was not considered qualified to testify. See also: Bennett v. Commonwealth, 234 Ky. 333 , 28 S.W.2d 24 (1930); and Frank v.