Case law

Drew v. Thurlwell

173 Okla. 405 · Supreme Court of Oklahoma · Sep 10, 1935

Thereafter Melissa Jones was appointed and qualified as administratrix of Ms estate. … Under the statute providing for the revivor of actions and judgments, we are clearly of the opinion that the judgment of James E.

NORTH STAR MUTUAL INSURANCE CO. v. ZIELNY

2024 OK CIV APP 11 · Court of Civil Appeals of Oklahoma · May 8, 2023

The summary judgment record establishes that the Zielnys had clearly filed the "proof of loss" required by the statute, and that they had done so on three occasions. … The qualifying language does not affect the finality of the district court's summary adjudications.

Tegeler v. State

9 Okla. Crim. 138 · Court of Criminal Appeals of Oklahoma · Apr 5, 1913

By abuse of discretion is meant a clearly erroneous conclusion and judgment; one that is clearly against the logic and effect of the-facts presented in support of and -against the application. … To hold that such a juror was qualified would be to suspend those provisions of the Constitution which guarantee to every man charged with crime an impartial trial and the administration of justice without prejudice.

Meridian Oil Co. v. Randolph

26 Okla. 634 · Supreme Court of Oklahoma · Jul 12, 1910

In passing, the court, in effect, held that the bill set out a case which clearly entitled plaintiff to equitable relief,' and said: “The rule is perfectly well settled that a party may by express agreement create a charge … or claim in the nature of a lien on real as well as personal estate of which he is the owner or possessor, and that equity will establish and enforce such charge or claim, not only against the party who stipulated to give

Estate of Samochee

542 P.2d 498 · Supreme Court of Oklahoma · Oct 28, 1975

In In re Davis’ Estate, 171 Okl. 575 , 43 P.2d 115 , we held in paragraph 3 of the syllabus: “ * * * any declarations or gestures made in response to inquiry as to testator’s intention or desire, which clearly convey his … of the decedent in the Bohemian language that the instrument was his will, and the request that the witnesses sign the same was understood by the two witnesses who understood the Bohemian language, and they thus became qualified

In Re Elston's Estate

262 P.2d 148 · Supreme Court of Oklahoma · Oct 13, 1953

The church members better qualified to give information on the subject testified that both the Fay and Rocky churches subscribed to the doctrine of “withdrawal” from “rejected” members and indicated that members in good standing … Crumbaugh, 228 Ill. 380 , 81 N.E. 1044, 1051 , in which it was held that a belief in Spiritualism is of itself no evidence of monomania or insane delusion, the court said: “An insane delusion is not established when the court

L. Marrinan & Bro. v. Knight

7 Okla. 419 · Supreme Court of Oklahoma · Jul 30, 1898

No objection was made to the form of any of these questions, and the evidence attempted to be elicited was clearly relevant to the issues in the case, and should have been admitted. … It is a nec-esary link in the chain of evidence by which fraud is established.”

Gibson v. Lemke

District Court, E.D. Oklahoma · Aug 2, 2024

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 5 amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets

Dowell v. School Board of Oklahoma City Public Schools

219 F. Supp. 427 · District Court, W.D. Oklahoma · Jul 11, 1963

in equity authorized by law, Title 42 United States Code Section 1983 , and is being brought to redress the deprivation under color of law, statutes, regulations, customs and usages of a state of rights, privileges and immunities … Dowell, Plaintiff’s Exhibit 14 clearly shows that her patron application for transfer from District No.

Opinion No. (1999)

Oklahoma Attorney General Reports · Aug 19, 1999

right to keep this information from public access nor reasonable expectation that this information will be kept from public access; provided, the person, agency or political subdivision shall at all times bear the burden of establishing … seq. of this title, does not apply to records specifically required by law to be kept confidential including: a. records protected by a state evidentiary privilege such as the attorney-client privilege, the work product immunity

Transportation Information Services, Inc. v. State ex rel. Oklahoma Department of Corrections

69 O.B.A.J. 3778 · Supreme Court of Oklahoma · Oct 27, 1998

Oklahoma Open Records Act does not apply to records specifically required by law to be kept confidential including: a. records protected by a state eviden-tiary privilege such as the attorney-client privilege, the work product immunity … However, if the request is: a) solely for commercial purpose; or h) clearly would cause excessive disruption of the public body’s essential functions; then the public body may charge a reasonable fee to recover the direct

Pierce v. Ford Motor Co.

568 P.2d 645 · Court of Civil Appeals of Oklahoma · Jun 8, 1976

Taking the most favorable view of the plaintiffs’ evidence, the inference of negligence clearly ‘stands equiponder-ant at best’ with the contrary inferences relied upon by the defendant. … Plaintiff’s second proposition reads: “The trial court committed reversible error in refusing to qualify James W. Pierce as an expert and in excluding his testimony.”

Jones v. State

66 O.B.A.J. 2246 · Court of Criminal Appeals of Oklahoma · Jun 30, 1995

As noted above the trial court conducted the death qualifying portion of the voir dire. … Instruction Nos. 26 and 28 clearly state that only Hammon was charged with possessing a loaded firearm after former conviction of a felony and felo-niously pointing a weapon.

Kimbro v. Oklahoma House of Representatives

District Court, W.D. Oklahoma · Jan 16, 2025

immunity,15 and states are not “persons” under § 1983.16 Further, Oklahoma has not waived its sovereign immunity for § 1983 claims.17 As such, even if Kimbro were granted leave to amend her complaint to laws,’ provides … Kimbro offers no evidence of any written policy establishing that this is the normal procedure in such situations.

United States v. Fennell

553 F. Supp. 2d 1303 · District Court, N.D. Oklahoma · May 15, 2008

His prior qualifying felony convictions include: (1) Possession of a controlled substance with intent to distribute on December 3, 1997, in Case No. … The transcript of the plea hearing before the magistrate clearly establishes that Fennell was informed of the maximum sentence he could receive under the plea agreement.

Estate of Stuart v. State Ex Rel. Oklahoma Tax Commission

195 P.3d 1280 · Court of Civil Appeals of Oklahoma · May 23, 2008

Sub-paragraph (A)(7) requires the inclusion of partnership interests owned by a non-resident decedent if the partnership owns property that is "used in connection with any established business, having a business situs in … The Estate's argument relies on cases that are clearly distinguishable and ignores relevant Oklahoma law. 13 First, we do not deal here with "mere ownership."

Pruitt v. State

270 P.2d 351 · Court of Criminal Appeals of Oklahoma · Apr 28, 1954

Hasselman of the Osteopathic Hospital, duly licensed and qualified. He did not perform the autopsy but examined Mrs. … guilt, so the rule has been many times stated that where a conviction rests on circumstantial evidence and circumstances are proven from which the reasonable and logical inferences of guilt clearly arise, and which exclude

Elwood v. Associated Milk Producers, Inc.

547 P.2d 1315 · Court of Civil Appeals of Oklahoma · Oct 29, 1974

1971 temporary-base-establishing period. … This total eligible milk shall then be divided by 181 (total number of days in qualifying period, except 182 in leap years). This result shall then be multiplied by 70% to establish additional temporary base.

Rogers v. BAPTIST GENERAL CONVENTION, ETC.

651 P.2d 672 · Supreme Court of Oklahoma · May 25, 1982

Waterstaat was qualified as an expert in the field of Medical Record Science. This field deals with the preparation, administration and utilization of health records for proper patient care. … However, a careful review of the court's rulings as reflected in the record clearly demonstrates that there was no ruling by the court excluding any of Waterstaat's testimony on the basis of the locality rule.

Starnes v. Brown

155 Okla. 189 · Supreme Court of Oklahoma · Feb 23, 1932

Under the evidence in the case, if a disability resulted, most clearly Starnes and his insurance carrier, Ü. S. … Leaving the qualifier off, there might be an inference, but taking it all the way through, the inference is the other way.