Case law

Johnson v. Johnson

319 P.2d 1107 · Supreme Court of Oklahoma · Dec 24, 1957

In our opinion the trial court was clearly justified and, indeed, compelled to hold defendant in contempt. … The evidence established that at the time of the trial the defendant had no funds with which to pay such amount.

City of Stillwater v. Cundiff

184 Okla. 375 · Supreme Court of Oklahoma · Feb 28, 1939

Commissioners were appointed who qualified and made their report fixing the damage to the plaintiff at $500. … One of the rules established by this court in a well-defined line of authorities is that the damage to realty is permanent when the cause of the damage cannot' be abated. Twin State Oil Co. v.

Matter of Adoption of Baby Boy D

742 P.2d 1059 · Supreme Court of Oklahoma · Nov 12, 1985

Subsection (e) declares: “No foster care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the … interest to the mother’s. 37 The court noted that the argument posed by the general unavailability of unwed fathers did not apply to Caban because fathers like Caban with substantial relationships with their children are clearly

Morehead v. State

12 Okla. Crim. 62 · Court of Criminal Appeals of Oklahoma · Oct 14, 1915

Unquestionably the juror Kissinger was clearly incompetent to sit as a juror in the case, and as the defendant exhausted all of his peremptory challenges, we must hold that the error in overruling the challenge was prejudicial … No fixed measure of time or distance from the main occurrence can be established as a rule to determine what shall be a part of the res gestae.

Marriage of Kingery v. Kingery

270 P.3d 192 · Court of Civil Appeals of Oklahoma · Sep 9, 2011

STANDARD OF REVIEW 14 "An action for divorce, alimony and division of property is one of equitable cognizance, and the trial court's judgment will be left undisturbed unless found to be clearly against the weight of the evidence … authored by Respondent's father, under which Petitioner must sell his shares to the corporation using the valuation method which sets the method for determining the purchase price. {11 The law firm is not without assets which qualify

City of Sapulpa v. Land

101 Okla. 22 · Supreme Court of Oklahoma · Jan 29, 1924

After said charter is submitted to, and approved by,. the qualified electors at an election held for (hat purpose, it must then be submitted to the Governor for his approval, and if the same shall not be in conflict with … Justice Stone, in delivering the opinion of the court, used this language: “It thus appears to be clearly established that the administration of justice, the preservation of the public peace, and the protection of the rights

IN THE MATTER OF THE ESTATE OF BOSWORTH

342 P.3d 62 · Court of Civil Appeals of Oklahoma · Dec 11, 2014

The subsequent two clauses upon which appellants seek to establish their rights were vague, ambiguous and indistinct. … The Will clearly left the residue of Decedent's estate, including the mineral interests, to Stephenie Parks, as the trial court so found.

Hanover Insurance v. Honeywell, Inc.

200 F. Supp. 2d 1305 · District Court, N.D. Oklahoma · Apr 24, 2002

Standard For Summary Judgment Motions for summary judgment should be granted if the movant clearly establishes that no material issue of fact remains to be resolved and that the movant is entitled to judgment as a matter … However, “[a] co-insured is immune from liability on .an insurer’s subrogation claim.” . Travelers Ins. Cos. v. Dickey, 799 P.2d 625, 627 (Okla.1990). In Sutton v.

DeFries v. Town of Washington, Okl.

875 F. Supp. 756 · District Court, W.D. Oklahoma · Jan 31, 1995

Clearly, public accusations that plaintiff embezzled town funds, if made in connection with his dismissal, would implicate a liberty interest. … Plaintiff concedes that the individual defendants are immune from suit under the Oklahoma Governmental Tort Claims Act. See Okla.Stat. tit. 51, § 152.1.

McKeever Drilling Co. v. Egbert

170 Okla. 259 · Supreme Court of Oklahoma · Dec 27, 1934

Redd, supra, we noticed authorities which qualified this rule, under proper circumstances; such a circumstance as is presented where the employee, for some reason not arising out of the employment, falls, but in connection … However, there is nothing authoritative in the record to establish this charge. The award of the Commission states that it considered this evidence.

McDermott, II v. Smith

District Court, E.D. Oklahoma · May 24, 2023

The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets of paper shall have margins of no less than one (1) inch on the top, bottom

Ohio Nat. Life Ins. Co. v. Dobbs

140 Okla. 147 · Supreme Court of Oklahoma · Sep 24, 1929

I think I would have to answer that ‘yes,’ if you will allow me to qualify it to this extent;— Q. You may make any explanation you wish. A. … Section 7406, supra, clearly and expressly makes contracts of mortgage subject to all the provisions of chapter 59.

Tipton Home v. Carpenter

301 P.2d 224 · Supreme Court of Oklahoma · Jul 17, 1956

Qualified teachers instruct these children up through the sixth grade and as a part of the Tipton School System. … The rule is well established in this State that the court, in considering the question of the custody of minor dependent children must give first consideration to the best interest of the child.

Horath v. Pierce

506 P.2d 548 · Supreme Court of Oklahoma · Jan 30, 1973

The trial court’s discretion, absent clear and prejudicial abuse thereof, in allowing litigants additional time within which to answer, reply or perform other acts is clearly established by 12 O.S.1961 § 284, as follows : … Hittenmeyer, 195 Okl. 669 , 161 P.2d 749 , this Court stated in part at p. 750: “Apart from the qualifying effect, if any, of the curative provisions of the 1939 Act, to which we will revert later, it must be assumed, as

Ashinsky v. State

780 P.2d 201 · Court of Criminal Appeals of Oklahoma · Sep 15, 1989

We find that Appellant has failed to establish any of the criteria required for admissibility under this rule or that “Monk” was a real person. … The record does not support a finding that the alleged informant, Jessie Favier, provided evidence against Appellant for pay or for immunity from punishment.

Seay v. Oklahoma Board of Dentistry

District Court, W.D. Oklahoma · Apr 21, 2020

judgment arguing that Plaintiffs have failed to allege a constitutional violation, that, in any case, the action is time barred, and that they are entitled to qualified immunity. … Because the Court finds Plaintiffs’ § 1983 claims are time barred, there is no need to consider Defendants’ qualified immunity argument, raised for the first time in their motion for summary judgment.

Western Star Finance, Inc. v. White

71 O.B.A.J. 1633 · Court of Civil Appeals of Oklahoma · Mar 31, 2000

We affirm because the record before the trial court established the existence of issues of material fact. T2 Lender sued Chaser Truck & Diesel, Inc. (Chaser), on a note and joined the Whites as guarantors. … The trial court may exercise discretion to change its determination of a summary judgment motion by granting new trial "unless it clearly appears that the court erred in some pure, simple and unmixed question of law, or acted

Cities Service Gas Co. v. Peerless Oil & Gas Co.

203 Okla. 35 · Supreme Court of Oklahoma · Jan 17, 1950

The private ownership of the gas is recognized and the right of sale as an incident of ownership obtains under and is protected by the Constitution until qualified under proper authority. … The established rule of construction in such situation is to treat the sections as parts of one law. The rule is thus stated in 59 C. J. 1043, §620: “ ...

Satellite System, Inc. v. Birch Telecom of Oklahoma, Inc.

73 O.B.A.J. 1979 · Supreme Court of Oklahoma · Jul 2, 2002

in aid of the general statutes of Oklahoma_” Thus, “[t]he common law remains in force in this state, unless a statute explicitly provides to the contrary.” 10 A legislative intention to abolish a common law right must be clearly … applying to all customer’s contracts, which are on file and approved by the Oklahoma Corporation Commission limit the amount of its liability for injuries resulting from omissions and mistakes ... so long as it does not seek immunity

VARBEL v. VARBEL

321 P.3d 1012 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Consequently, we conclude the record does not support an assertion the Decree established joint custody. … However, Father did qualify his plan as an "initial" one, subject to revision.