Case law

Kelso v. Sheppard

105 Okla. 231 · Supreme Court of Oklahoma · Nov 18, 1924

An examination of the record, we think, wholly fails to establish any fraud on the part of the purchaser or .the guardian at said sale. … An. examination of the record, we think, wholly fails to establish any fraud on the part of the purchaser or the guardian at *235 said sale.

Schonwald v. Ragains

32 Okla. 223 · Supreme Court of Oklahoma · Mar 12, 1912

Men now see clearly that freedom of action may, even in the industrial world, work injuriously for the public, and it must then be restrained in the public interest. … Flood, supra-, established the fact that Allen infringed no right of the plaintiffs, although he acted maliciously.”

Castleberry v. State

522 P.2d 257 · Court of Criminal Appeals of Oklahoma · Apr 18, 1974

Salvatore Russo, qualified as an expert in psychology, was the last witness to testify for the defendant. Dr. … In reaching this judgment we establish no new principles of constitutional law.

Chickasha Cotton Oil Co. v. Grady County

177 Okla. 240 · Supreme Court of Oklahoma · Apr 7, 1936

The witness clearly revealed that she had no more than a casual recollection of the contents of the lost records. … The burden to establish the sales was upon defendant.

ARTHUR MILLER v. CREEK COUNTY CHILD SUPPORT OFFICE, et al.

District Court, W.D. Oklahoma · Sep 3, 2026

The Child Support Offices are entitled to Eleventh Amendment immunity. … The party asserting arm-of-the-state status ordinarily bears the burden of establishing it.30 Defendants have carried that burden.

Millsap v. McDonnell Douglas Corp.

162 F. Supp. 2d 1262 · District Court, N.D. Oklahoma · Sep 5, 2001

Again, this testimony is not consistent with the hierarchical culture at MDC, which culture was clearly established at trial by Defendant’s own witnesses. 246. … CONCLUSION The record in this case clearly establishes liability by Defendant to Plaintiffs.

In Re Pardee

433 B.R. 377 · United States Bankruptcy Court, N.D. Oklahoma · Jun 2, 2010

It is well established by both statute and case law that when an individual seeks bankruptcy relief, property held by that individual in constructive trust for the benefit of another is not property of the bankruptcy estate … No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.

Territory of Oklahoma Ex Rel. Oklahoma Gas & Electric Co. v. DeWolfe

13 Okla. 454 · Supreme Court of Oklahoma · Sep 10, 1903

Relator further says, that in laying gas pipe it is necessary that said pipe be laid to an established grade in order to secure proper drainage, and that if the said defendants are permitted to lay their mains, as aforesaid … and council in legal session, and of which there is no complaint even by plaintiff in error, would cure such irregularities, and thereby bind the city. *466 The order of the district judge dissolving the injunction was clearly

City of Lawton v. Morford

146 Okla. 222 · Supreme Court of Oklahoma · Nov 25, 1930

By the attempted exercise of the right of taxation without the consent or approval of those who were to be taxed, the fires of the Revolution were kindled, lighting the way to the establishment in the New World of a republic … No one idea stands out more clearly than that barriers should be erected against the creation of municipal indebtedness.

Ex Parte Walrod

73 Okla. Crim. 299 · Court of Criminal Appeals of Oklahoma · Dec 23, 1941

of the press, his right to' free speech, and free exercise of religion as guaranteed to him by the First Amendment to the Constitution of the United States, which ordains that: “Congress shall make no law respecting an establishment … The principles applicable to' the questions here presented have clearly been set forth in the opinions above quoted.

Pruitt v. State

290 P.2d 424 · Court of Criminal Appeals of Oklahoma · Nov 16, 1955

After twelve jurors had been selected, and qualified, both the County Attorney, and defense attorney, waived all their peremptory challenges. … There can be no question in this case but what the intent and purpose of the jury was clearly expressed in the verdict, as reflected by the polling of the jury.

Opinion No. (2008)

Oklahoma Attorney General Reports · Nov 3, 2008

No other *Page 4 counties shall establish juvenile bureaus. C. … The director shall be a person over the age of thirty (30) years, of good character, qualified in social work, and familiar with the problems of juvenile delinquency and dependency.

TRUETT v. FREEDOM LEAF

495 P.3d 153 · Court of Civil Appeals of Oklahoma · Apr 19, 2021

Cornwell ("Cornwell") as receiver, including findings that Cornwell "is well qualified and experienced, holds no interests or claims against [Freedom Leaf], or any related parties, [and] is a disinterested person." … The trial court's Order Appointing Receiver did not, however, establish that the trial court inquired into Cornwell's qualifications to operate Freedom Leaf's stores in accordance with 12 O.S. § 1560 (explaining that a "receiver

STATE v. NELSON

356 P.3d 1113 · Court of Criminal Appeals of Oklahoma · Sep 18, 2015

An abuse of discretion has been defined as "a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented." Neloms v. … The right was judicially established in 1666 in the Hopkin Huggett's Case, 84 Eng. Rep. 1082 (K.B.1666).

Stills v. Mayor

438 P.2d 477 · Supreme Court of Oklahoma · Mar 5, 1968

Both plaintiff and defendant used qualified expert witnesses. Since the sufficiency of the evidence to support the verdict is not directly attacked, no further summary of the evidence is required. … The jury clearly and explicitly found plaintiff, cross petitioner and defendant all guilty of “contributory negligence”, thus making the verdict for defendant proper.

In Re Williams Companies ERISA Litigation

271 F. Supp. 2d 1328 · District Court, N.D. Oklahoma · Jul 14, 2003

Consistent with this objective, the Plan’s first Article states that it “shall constitute a qualified employee stock ownership plan designed to invest primarily in qualifying employer securities ....” … This claim also must fail since Williams clearly was not charged with this responsibility under the Plan documents.

Bernay v. State

70 O.B.A.J. 3659 · Court of Criminal Appeals of Oklahoma · Dec 7, 1999

Here, based on the foregoing, we find the trial court properly found these facts establish good faith and due diligence. … As we have determined in Proposition IV, the evidence clearly revealed Appellant had a design to effect the death of the decedent.

Opinion No. (1979)

Oklahoma Attorney General Reports · Jul 31, 1979

When the public trust leases governmentally owned property, the unitary ownership fragments, leaving only the reversion to qualify for the ad valorem tax exemption. … In construing Section 19.6 and 26 of the Revenue Act of 1939, the Court noted that the legislative intent, as well as earlier Illinois case law, clearly mandated the practice of taxing private leasehold interests in tax-exempt

State Ex Rel. Read, Ins. v. Midwest Mutual Burial Ass'n

176 Okla. 468 · Supreme Court of Oklahoma · Mar 3, 1936

Constitutional restraints, therefore, may be found either in the express language employed or in the purpose clearly, though impliedly, evidenced thereby. … As I conceive it, there is a definite and weft-established policy announced by the framers of ' the Constitution in section 22, article 6, which establishes an Insurance Department “which shall be charged with the execution

CHEROKEE NATION v. UNITED STATES DEPARTMENT OF THE INTERIOR

2025 OK 4 · Supreme Court of Oklahoma · Jan 22, 2025

In Riley , the Alabama governor had established a task force on illegal gambling and appointed special prosecutors to enforce the state gambling laws. … the state itself. ¶48 To answer the question certified to this Court, we need not delve into the complexities of sovereign immunity of the State or its officials.