Case law

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

U.S. Bank, National Ass'n v. Moore

278 P.3d 596 · Supreme Court of Oklahoma · Apr 10, 2012

Appellants' argument is based on the failure of Appellee to establish Appellee was a person entitled to enforce the Note at the commencement of the action and the inability to establish the effectiveness of the indorsements … We find there is no evidence in the record establishing Appellee had standing to commence this foreclosure action.

Oklahoma City v. Local Federal Savings & Loan Ass'n

192 Okla. 188 · Supreme Court of Oklahoma · Feb 9, 1943

Before proceeding with the contentions of the other parties, we may say here that the plaintiff association has failed to establish any right, title, or interest in and to the premises. The deed from O.T. … Bassett conveyed, as plaintiff says, a base, qualified or determinable fee, but it was a determinable fee subject to reverter upon condition subsequent.

DAVISON v. STATE

2023 OK CR 11 · Court of Criminal Appeals of Oklahoma · Jun 1, 2023

See 22 O.S.Supp.2022, § 1089(D)(4)(providing "[a]ll claims of ineffective assistance of counsel shall be governed by clearly established law as determined by the United States Supreme Court"). … We will simply endeavor to review Petitioner's claims according to this Court's rules, the statutory requirements governing post-conviction review, and clearly established federal law as set forth above. ¶20 According to

WISHON v. HAMMOND

538 P.3d 1197 · Court of Civil Appeals of Oklahoma · Oct 26, 2022

Further, even if one could assume that all littermates of an aggressive animal will be likewise aggressive--an assumption unsupported by any evidence of record--that connection has clearly not been established here. ¶17 Wishon … The record contains no testimony of a qualified expert or other competent evidence suggesting that one should reasonably assume by breed alone that every pit bull/mastiff mix is aggressive.

Vanderslice v. State

59 Okla. Crim. 192 · Court of Criminal Appeals of Oklahoma · Mar 6, 1936

Norman, the duly qualified and acting county attorney in and for Murray county, state of Oklahoma, and gives the district court of Murray county and the state of Oklahoma, to know and be informed that Jacob Vanderslice did … It is next urged by the defendant that the venue of the action was not established in Murray county. We think the testimony of Mrs.

Opinion No.

Oklahoma Attorney General Reports · Oct 17, 2006

For convenience the highlights of these four acts are set forth below: Name of Act Highlights of Act Hydration and Nutrition for Incompetent Establishes a presumption that every incompetent Patients Act patient has directed … Requirements for Appointment of A Health Care Proxy Although the Advance Directive Act does not clearly set forth the requirements for appointment of a health care proxy in an advance directive, the requirements can be ascertained

Bettes v. Brower

184 F. 342 · District Court, E.D. Oklahoma · Jan 6, 1911

Owings, supra, and proceeds: “By pleading to the merits, the defendant admits the averments in the bill, which state facts sufficient to establish the jurisdiction of the court. * * * The objection to the jurisdiction of … The general rule is that except where ati order of court is required by statute, a general guardian regularly appointed and qualified may, without order of court, lease the lands of his ward during infancy, if the guardianship

Robinson v. Oklahoma Nephrology Associates, Inc.

154 P.3d 1250 · Supreme Court of Oklahoma · Jan 16, 2007

STANDARD OF REVIEW 16 We review a trial court's order denying a motion for new trial for error of a pure question of law or for an abuse of discretion which is arbitrary, clearly against the evidence, and manifestly unreasonable … To qualify as a supervening cause, an intervening event "must be (1) independent of the original act, (2) adequate of itself to bring about the result and (8) one whose occurrence was not reasonably foreseeable to the original

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.

Horton v. Bank of America, N.A.

189 F. Supp. 3d 1286 · District Court, N.D. Oklahoma · May 18, 2016

In response, the Hortons submit that they have alleged facts constituting fraud and that those facts are “clearly distinct” from their breach-of-contract claim. … “Unfair trade practice” means any practice which offends established public policy or if the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers; Id. § 752.

Morrison v. Roberts

183 Okla. 359 · Supreme Court of Oklahoma · Sep 16, 1938

But if for any reason the decision of such tribunal is void, the disciplined member will be reinstated by -the courts, as where an expulsion was on a charge which did not justify expulsion even if established. . … If my construction of the rules of the association may be conceded as correct, then I respectfully urge that this case clearly falls outside the general rule, for the expulsion or suspension of eligibility in the case was

SMITH v. SHELTER MUTUAL INSURANCE CO.

2014 OK CIV APP 42 · Court of Civil Appeals of Oklahoma · Dec 31, 2013

Smith further alleged the truck is subject to the MCA, and sought a "declaratory judgment . . . establishing that the minimum limits of liability insurance coverage mandated by the financial responsibility law that applies … from public schools or to and from public-school-related extracurricular activities under contract with, and sponsored by, a public school board; provided, that motor vehicles and equipment operated for the purposes shall qualify

Allen v. Shepherd

69 Okla. 47 · Supreme Court of Oklahoma · Jan 8, 1918

Shepherd, and that she is now the duly appointed, qualified, and acting administratrix, with the will annexed, of his estate, and that this action has been revived in her name as administratrix, with the will annexed, of … Even if it were admitted that this was true, which is not clear from the terms of the contract, it clearly provides for the payment of ope-half of the value of the land, and that is a legal and separate provision under the

NYE v. BNSF RAILWAY CO.

428 P.3d 863 · Supreme Court of Oklahoma · Jun 19, 2018

Further, in its brief, BNSF only claimed immunity from damages under Nye's warning device claim but not immunity from suit. … A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2.

TAYLOR v. CITY OF BIXBY

415 P.3d 537 · Court of Civil Appeals of Oklahoma · May 1, 2017

The City is immune from prosecution pursuant to the Governmental Tort Claims Act regarding the operation of its jail. See 51 O.S.2011 § 155(25). … Article 2 §§ 19 and 20 ¶16 The right to counsel and a trial by jury in criminal proceedings is firmly established in this State.

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.

State ex rel. Department of Transportation v. Metcalf

298 P.3d 550 · Court of Civil Appeals of Oklahoma · Feb 13, 2013

Section 15 of Title 27 clearly states that Section 13’s terms “create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.” … Id. at ¶¶ 11-12, 726 P.2d at 363 . 1 *555 The Court found Section 13 to be “a statement of policy only” as clearly set forth in Section 15. Id. at ¶ 12, 726 P.2d at 363 .

Russell v. Henderson

603 P.2d 1132 · Supreme Court of Oklahoma · Nov 28, 1979

First, this court has previously and correctly referred to the impeachment proceedings as applicable to state officers who are elected by the qualified voters of the entire state. State v. … That last-mentioned statute clearly provides State officials (not subject to impeachment) are properly answerable to an accusation presented by a grand jury of the county in which such officer resides, or in which he has

Bullard v. Caulk

206 Okla. 353 · Supreme Court of Oklahoma · Oct 16, 1951

and state of Oklahoma; that though they had complied with the contract the defendants refused to convey said property to plaintiffs; that Lloyd Reagan was, from the 6th of January, 1944, until November 10, 1947, the duly qualified … Thus, clearly invoking the rule in the Lee v. Little case, supra. Therefore, this contention is without merit. The judgment is affirmed. ARNOLD, C.J., HALLEY, V. C. J., and CORN, O’NEAL, and BINGAMAN, JJ., concur.