Case law

Lee v. Wilson

138 Okla. 115 · Supreme Court of Oklahoma · Sep 10, 1929

Street, deceased, and Allen Street and the American National Bank of Oklahoma Oity were appointed administrators and executors of said estate and duly qualified as such. … Street, deceased, dated Del cember 3. 1920. duly proved and admitted to probate by the county court of Oklahoma county March 2. 1925. be and the same is hereby established as the last will and tes *116 tament of J. G.

Smith v. Baptist Foundation of Oklahoma Corp.

71 O.B.A.J. 3266 · Court of Civil Appeals of Oklahoma · Aug 15, 2000

Id. at section 801.11. 125 The legislature was clearly acknowledging that charitable organizations were administering these trusts before 1997. … The trial court would simply appoint a qualified trustee. {33 In conclusion, we hold that the trial court's judgment was erroneous.

ALLEN v. HARRISON

2016 OK 44 · Supreme Court of Oklahoma · Apr 19, 2016

However, Physician testified that he was not qualified to perform an endoscopic or other surgical procedure to extract the nail. … Clearly, Physician's recommenced course of treatment to "eat fiber and let the nail pass" falls under the "any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human

Conkright v. State

21 Okla. Crim. 74 · Court of Criminal Appeals of Oklahoma · Mar 18, 1922

Glen Roy testified for the defendant, waived immunity, and his evidence was substantially as follows: That he lived about seven miles east of Nowata and had lived there four years. … Their possession was very recent after the car was stolen, and their explanations of that possession are not consistent with their innocence but lead clearly to the inference that each was guilty of the larceny.

Warner v. Hillcrest Medical Center

914 P.2d 1060 · Court of Civil Appeals of Oklahoma · Sep 26, 1995

He alleged these defendants were in charge of establishing and overseeing the procedures used in the blood bank at Hillcrest. … Are you qualified or are you an expert witness in the area of blood banking? A. No. Larson went on in his deposition and expressed criticism of Drs.

State Ex Rel. Standeven v. Armstrong

27 Okla. 810 · Supreme Court of Oklahoma · Jan 10, 1911

On this point the court said: “The county of Pawnee was established in 1868. Gen. St. 243, 57. … Speaking of an objection to his bond and his consequent right to said property, the court said: “Prima facie, however, the bonds under which he qualified were sufficient.

Lavender v. Oklahoma Department of Corrections

District Court, E.D. Oklahoma · Oct 28, 2019

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). … 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.

Eizember v. State

164 P.3d 208 · Court of Criminal Appeals of Oklahoma · Aug 10, 2007

After all potential jurors had been so qualified, general voir dire was conducted until thirty persons had been passed for cause. … State, 2006 OK CR 45, ¶ 41 , 146 P.3d 1149, 1163-64 . 1124 Appellant argues the State failed to establish "two qualifying restrictions"-that it was Appellant who killed Mrs.

TOCH, LLC v. CITY OF TULSA

474 P.3d 859 · Supreme Court of Oklahoma · Sep 29, 2020

It clearly does not. … "A classification is not a prohibited, special law if it establishes a reasonable classification of persons, entities or things, sharing the same circumstances." City of Bethany v.

Garland v. Redeagle

District Court, E.D. Oklahoma · May 10, 2021

. § 1983 for violations of her constitutional rights and for deliberate indifference, failure to train, and establishing a custom and practice of indifference resulting in violations of her constitutional rights. … In Barrios, the Court held that “because these ‘constitutional’ torts are now clearly ‘torts’ governed by the GTCA, the GTCA’s specific prohibition against tort suits arising out of the ‘operation or maintenance of any

Matter of SC

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."

Mattoon v. City of Norman

633 P.2d 735 · Supreme Court of Oklahoma · Jul 27, 1981

Mattoon has alleged a taking in the constitutional sense, and that claim stands established as the settled law of the case by our opinion in Mattoon I. … If the trial judge did in fact fail to properly analyze, within the parameters allowed by our statutes, 31 the facts and materials placed before her, appellant Mattoon has not clearly demonstrated error.

Ag Equipment Co. v. Aig Life Ins. Co., Inc.

691 F. Supp. 2d 1295 · District Court, N.D. Oklahoma · Feb 11, 2010

It is clearly exempt from the Oklahoma statutes — such as § 1219— that govern such accident and health insurance.”). … It is clearly exempt from the Oklahoma statutes — such as § 1219 — that govern such accident and health insurance.

Stroud v. Arthur Andersen & Co.

72 O.B.A.J. 3647 · Supreme Court of Oklahoma · Dec 4, 2001

reconcile the accounting discrepancy/error once it was pointed out to them [see TR. pgs. 504-507, 526]; (3) Bruce Botwin, plaintiffs' expert witness, outlined for the jury certain acts of the defendant which he viewed as clearly … All parties agreed that plaintiffs' expert was well qualified. . Hardesty v. Andro Corp.-Webster Div., 1976 OK 129 , 555 P.2d 1030, 1035 [disapproved of on other grounds]; Southwest Ice & Dairy Prods. v.

State Ex Rel. Caldwell v. Hooker, County Judge

22 Okla. 712 · Supreme Court of Oklahoma · Nov 24, 1908

Section 20, art. 16, General Provisions of the Texas Constitution of 1875, provides that the Legislature shall at its first session enact a law, whereby the qualified voters of any county, justice precinct, town, or city, … It is the duty of the court to hold statutes constitutional and valid if it can consistently and reasonably be done; and, in view of this clearly established doctrine, we are of the opinion that such provision is made by

Bd. of Regents, Etc. v. Natl. Collegiate Athletic Ass'n

561 P.2d 499 · Supreme Court of Oklahoma · Feb 1, 1977

been granted. 4 An action for injunction is one of equitable cognizance and this Court will consider all the evidence on appeal. 5 The granting of injunctive relief will not be reversed on appeal unless the trial court clearly … Detroit Edison Co., 428 U.S. 579 , 96 S.Ct. 3110 , 49 L.Ed.2d 1141 (1976) the United States Supreme Court held that the state action exemption was applicable only to the state itself or to state officers seeking immunity

Hightower v. Kansas City Southern Railway Co.

70 P.3d 835 · Supreme Court of Oklahoma · May 6, 2003

Clearly, train speed limits are capable of being taken into account by the Secretary of Transportation in the promulgation of uniform, national speed regulations, since this is exactly what the Secretary has done in establishing … The other factors are clearly preempted by federal law, as they are clearly "capable of being adequately encompassed within uniform national standards and are already accounted for in the Secretary's regulations governing

Simpson v. Campbell

391 P.2d 245 · Supreme Court of Oklahoma · Nov 26, 1963

Campbell, who were president and secretary, respectively, of The Forty-First Street Corporation, and owned all of its stock except the qualifying shares, entered into an oral arrangement with the afore-named Mr. … Also the evidence failed to establish any direct communication, or representation, from Max W.

Marshall v. State

232 P.3d 467 · Court of Criminal Appeals of Oklahoma · May 13, 2010

Wilson was fully qualified as an expert in DNA analysis. Mr. Wilson had worked with Dr. Fuller on prior occasions and had previously reviewed her work. … 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. State v.

IN THE MATTER OF THE ESTATE OF LANDING

2023 OK 117 · Supreme Court of Oklahoma · Dec 12, 2023

Enochs' Estates , 1958 OK 40 at ¶ 15 ("the person qualified must either accept the appointment for himself or waive the right absolutely"). Nomination of another has the same effect. … If, at a hearing on the matter, "the right of the applicant is established and he is competent, letters of administration must be granted to him, and the letters of the former administrator revoked." 58 O.S. § 137. ¶19 Emma