Case law

Ex Parte Smith

24 Okla. Crim. 415 · Court of Criminal Appeals of Oklahoma · Sep 22, 1923

No person shall manufacture a still worm, or still without first having qualified under the laws of the United States as a manufacturer of stills, and without paying the tax required by the laws of the United States on the … Clearly such a claim is illogical. The statute here attacked was passed in aid of and auxiliary to the enforcement of our self-executing constitutional prohibition measure.

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.

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 .

Cole v. McNaughton

742 F. Supp. 587 · District Court, W.D. Oklahoma · Apr 25, 1990

Cams, Landry and/or Bacon since this section prevents him from questioning these witnesses about the medical quality assurance review at Fort Sill and thus hinders his ability to establish the nature of, and reasons for, … Because section 1102 clearly classifies these medical quality assurance records as confidential and privileged and because the litigation in the District Court of Garfield County, Oklahoma, does not qualify as a situation

Chance v. Phillips

District Court, E.D. Oklahoma · Oct 22, 2020

Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … 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.

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

Cowokochee v. Chapman

90 Okla. 121 · Supreme Court of Oklahoma · Nov 21, 1922

having died in 1905, prior to the admission of Oklahoma into (ho Union as a state, the devolution of his estate is governed by the applicable provisions of chapter 49 of Mansfield’s Digest of the Statutes of Arkansas, as qualified … It was clearly the intention of the proviso to exclude noncitizens from obtaining any portion of the unallotted tribal lands bv inheritance.

Sias v. Edge Communications, Inc.

71 O.B.A.J. 1809 · Court of Civil Appeals of Oklahoma · Mar 3, 2000

Edge asserted that these circumstances would result in the court being required to hold evidentiary hearings to determine whether potential class members qualified for class membership. … . 119 Sias next asserts that he has established a prima facie case for class certification.

Abrego v. Abrego

62 O.B.A.J. 1665 · Supreme Court of Oklahoma · May 21, 1991

Therefore, we must uphold § 116 unless it is clearly, palpably, and plainly inconsistent with fundamental law. 13 In testing the validity of a state statute which differentiates in its treatment of one class paralleled with … its treatment of another class, the statute is immune to an equal protection attack if the basis for the differentiation is neither arbitrary nor capricious, and if it bears a reasonable relationship to a legitimate aim.

McCleary v. Yates

District Court, E.D. Oklahoma · Mar 5, 2020

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, and only one side of the paper may be used.

Myers v. Missouri Pacific Railroad

73 O.B.A.J. 1967 · Supreme Court of Oklahoma · Jul 2, 2002

Preemption was clearly the defendants' due. … See the provisions of 49 C.ER. § 213.233, which require inspections to be made by a qualified railroad track inspector in the manner set forth in the regulation and according to a prescribed schedule.

Nelson v. Nelson

75 O.B.A.J. 44 · Court of Civil Appeals of Oklahoma · Aug 19, 2003

The parties marriage exceeded ten years and we have not been given any evidence in the record establishing the length of time during the marriage that Husband was in the military. ¶ 14 A presumption of correctness attaches … Clearly, these advantages are helpful to veterans in maximizing their income.

Kline v. Mueller

135 Okla. 123 · Supreme Court of Oklahoma · Jul 31, 1928

These facts presumptively established the regularity and validity of the instrument. … Furthermore, it clearly appears that plaintiff promptly brought her suit in protection of her rights upon discovery of the record of the alleged forged deed.

IN THE MATTER OF M.K.T.

2016 OK 4 · Supreme Court of Oklahoma · Jan 20, 2016

(ii) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness. … The usual method of proving foreign law is by affidavit testimony of qualified legal experts.

Mays v. Board of Com'rs of Creek County

164 Okla. 231 · Supreme Court of Oklahoma · May 16, 1933

, 245 P. 65 , in the syllabus, this court said: “An application to vacate a default judgment and to be allowed to defend is addressed to the sound discretion of the court, and will not be disturbed on appeal, unless it clearly … W. (2d) 751 , the Supreme Court of that state held that: “Trust company, seeking to qualify as a county depository under Rev.

Oklahoma State of v. United States Department of the Interior

District Court, W.D. Oklahoma · Nov 1, 2021

Nor does it require the NMPRC to determine the reasonableness of Tri–State's current rates or establish reasonable rates. … The underlying dispute concerned whether a tract of land acquired by the Miami Tribe qualified as “Indian lands” under the Indian Gaming Regulatory Act.

Lay v. Crow

District Court, E.D. Oklahoma · Nov 8, 2021

Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … 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.

Peters v. United States

2 Okla. 116 · Supreme Court of Oklahoma · Aug 17, 1893

Burford was at the time the duly qualified register, and John C. Delaney the duly qualified receiver. That in said land contest one Andrew J. … Strictly speaking, there can be no United States land office without a register and a receiver, and when an office is legally established and organized with its register and receiver, and the boundaries of its district established

In re S.C.

833 P.2d 1249 · Supreme Court of Oklahoma · Jul 7, 1992

Clearly, Father fits this definition. However, Section 1914 qualifies the definition of “parent” in the instance where attempt is being made to invalidate a foster placement. … The qualifying language is “from whose custody such child is removed.”

NBI Services, Inc. v. Corporation Commission

241 P.3d 685 · Court of Civil Appeals of Oklahoma · Aug 6, 2010

In Davis's brief in support of its application, and at the March 5 hearing, it argued that certain royalty overrides made by NBI to its affiliates do not qualify as arms-length transactions and have destroyed any value to … The Court stated that this situation "appears, even more clearly than Tenneco, to involve a question of private rights." Id. at 18.