Case law

Collins-Dietz-Morris Co. v. State Corporation Com.

154 Okla. 121 · Supreme Court of Oklahoma · Jun 2, 1931

“That it is the established practice of plaintiff company to contract privately and to sell and transport its said merchandise pursuant to private contract with its customers and to transport and make delivery of its own … The standard of conduct for each is clearly prescribed and the provisions thereof as to each are defined. The provisions with reference to class “C” motor carriers are reasonable and are sustained.

SERVICE PIPE LINE COMPANY v. Donahue

283 P.2d 844 · Supreme Court of Oklahoma · Feb 8, 1955

It is clearly evident that he should know as much about flag raising as the most experienced. … Jennings and I say that the facts in those cases clearly establish the negligence of the master while in the case at bar such evidence is wholly lacking.

Opinion No. (2001)

Oklahoma Attorney General Reports · Nov 7, 2001

Toward that end, the Administrator must establish standards, procedures, and techniques for records management; survey records and information operations and recommend improvements as the need arises; establish standards … Unless clearly indicated to the contrary, the remainder of this Opinion deals with those records which must be retained for some period of time. 2.

Yeager v. State

43 Okla. Crim. 318 · Court of Criminal Appeals of Oklahoma · Jun 22, 1929

While the evidence on the part of the state was wholly circumstantial, yet it was that kind of circumstantial evidence that established the guilt of the defendant beyond a reasonable doubt. … The record discloses that a foul crime was committed, and the evidence clearly shows that the defendant was guilty of this crime.

Matter of Estate of Fields

69 O.B.A.J. 3273 · Court of Civil Appeals of Oklahoma · Jul 31, 1998

us establishing the size of the “constitutional homestead” as selected by the Fieldses. … For purposes of this subsection, at least seventy-five percent (75%) of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the principal residence in order to qualify

Cope v. State

23 Okla. Crim. 161 · Court of Criminal Appeals of Oklahoma · Mar 27, 1923

The subject of such terms cannot be so limited or qualified without destroying the meaning of the term itself. … A. 576, it was held that a trial judge should not arbitrarily limit the number of witnesses that might be called to establish a fact of controlling importance. In the case of Browder v. State, 30 Tex. App. 614, 18 S.

National American Insurance Co. v. Gerlicher Co.

260 P.3d 1279 · Court of Civil Appeals of Oklahoma · Sep 29, 2011

ANALYSIS T 9 Gerlicher and OK Lakes claim that the district court erred in granting summary judgment to NAICO, and identify these specific issues in their petition in error: (1) whether the damages they asserted against Pinion qualified … We will not impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered.

Hamlin v. Becerra

District Court, W.D. Oklahoma · May 9, 2024

Plaintiff fails to establish that the Court has subject-matter jurisdiction. A. … Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) (“A federal court’s jurisdiction must clearly appear from the face of a complaint or removal petition . . . .”); Tesh, 215 F.

National Railroad Passenger Corporation v. Harris

354 F. Supp. 887 · District Court, W.D. Oklahoma · Dec 30, 1972

It has made no good faith effort to enforce this provision, its established policy having been to ignore it insofar as possible. … Article 5, § 57 of the Oklahoma Constitution provides: “Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title * * *.

Cox v. STATE EX REL. OKLAHOMA DHS

87 P.3d 607 · Supreme Court of Oklahoma · Mar 9, 2004

Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission.... B. … Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission.

WALTERSCHEIDT v. HLADIK

512 P.3d 354 · Supreme Court of Oklahoma · Jun 14, 2022

If applicable, an individual volunteer qualified for appointment as a guardian of a veteran pursuant to the Veterans Volunteer Guardianship Act. … The Order Appointing Guardian was not clearly against the weight of the evidence or contrary to law.

Resh, Inc. v. Oklahoma Electric Cooperative, Inc.

516 P.2d 803 · Supreme Court of Oklahoma · Jul 3, 1973

Legislative amendments and *813 concurred in by the city as indicated by its approval of defendant’s power sub-station, operated in the annexed area subsequent to the date of annexation to provide service to large business establishments … In other words, our holding herein is not to be construed as holding that the here recognized right and authority of the R.E.C. is in some way immune from the same competitive problems which confront any other franchise holder

Kansas, Oklahoma & Gulf Railway Co. v. Painter

333 P.2d 547 · Supreme Court of Oklahoma · Nov 5, 1958

The last quoted part of instruction No. 6 «qualifies the first quoted portion of that instruction only where unusual circumstances exist, and defendant contends that no such unusual circumstances existed at the crossing where … The rule is general that a motorist "must drive in such a manner that he may be able to stop short of a collision" which is equivalent to the well established rule that a motorist must drive at such speed as will enable him

Stokes v. State

86 Okla. Crim. 21 · Court of Criminal Appeals of Oklahoma · Jan 14, 1948

When measured by both the information and the applicable statutes, instruction No. 6 was clearly erroneous. … W. 476, 477 , is a case in point, supporting this conclusion wherein tbe court said: “Appellant could not have been misled by tbe words 'warehouse and tobacco house,’ for the same were qualified by tbe further description

Reynolds v. Beacon Well Services, Inc.

64 O.B.A.J. 2309 · Supreme Court of Oklahoma · Jul 20, 1993

No showing was made that members of the panel were not qualified to serve as jurors or were incompetent to sit as jurors in the trial of the case. … Our statutes clearly place the general jury panel under judicial control and supervision. 38 O.S.1991, § 20.

Lone Star Gas Co. v. Corporation Commission

170 Okla. 292 · Supreme Court of Oklahoma · Jul 10, 1934

It has not qualified to do business in the state of Oklahoma. It owns approximately 95% of the stock of Lone Star and of Community. … Community complains that the temporary rate established is confiscatory.

Prickett v. Sulzberger & Sons Co.

57 Okla. 567 · Supreme Court of Oklahoma · Mar 28, 1916

To our mind this evidence was clearly competent for the purpose of showing that the shaft or supposed elevator was poorly lighted, and we cannot say that the jury ' would not have been justified in inferring that it was so … If a jury is qualified to determine negligence of one party, it is likewise qualified to determine that of the other.

CARNAHAN v. CHESAPEAKE OPERATING, INC.

347 P.3d 753 · Court of Civil Appeals of Oklahoma · Oct 28, 2014

by knowledge, skill, experience, training or education, rention, including pipelines. dering his gas migration opinion insufficient to establish causation. … Johnson, 2006 OK CIV APP 35, ¶ 27 , 134 P.3d 858, 866 , explains: Clearly, and in keeping with the limited jurisdiction of the Corporation Commission, the Oklahoma Supreme Court has recognized that the district courts of

Williams v. Threet (In Re Threet)

118 B.R. 805 · United States Bankruptcy Court, N.D. Oklahoma · Aug 28, 1990

The legislative history of this section clearly establishes Congressional intent that the bankruptcy estate be as all-encompassing as the language indicates. The scope of the paragraph is broad. … This is a legal right which clearly becomes part of the Debtor’s estate.

Mayhue v. Mayhue

706 P.2d 890 · Supreme Court of Oklahoma · Sep 17, 1985

post-decree proceeding 3 brought ten years later, the wife sought to enforce the alimony award against her former spouse and some members of his family by an accounting of the proceeds from the sale or transfer of certain qualifying … A failure to establish and recite the total value of the interest that was here the subject of an in-kind alimony award does not impair the facial validity of the award under consideration.