Case law

Oklahoma State Bank of Sayre v. Seaton

69 Okla. 99 · Supreme Court of Oklahoma · Jan 22, 1918

Since the word “surety” can only affect the status of the makers of the note as between themselves, and as Lyonfs liability to the plaintiffs is the same as if he had signed the instrument without using the qualifying word … that, being primarily liable, an accommodation maker was not discharged by an extension of time to the principal debtor, and that, independently of all decisions based on the law merchant, the Negotiable Instruments Act clearly

In Re C.L.D. v. Duke

238 P.3d 966 · Court of Civil Appeals of Oklahoma · May 5, 2010

Father's evidentiary-based argument clearly fails. II. … The evidence herein establishes that CLD's best interests would be served by the kingship guardianship ordered by the district court.

Gray v. Stiles, Treasurer

6 Okla. 455 · Supreme Court of Oklahoma · Sep 2, 1897

The system established in this Territory belongs to the latter class. … expressed legislative intent be disregarded when such departure from established rules of interpretation would clearly result in the violation of private rights, and the impairment of public faith, and might seriously impair

In Re Lm

276 P.3d 1088 · Court of Civil Appeals of Oklahoma · Mar 30, 2012

Clearly, only the judge who issued the 2010 Protective Order had authority to decide its validity. … Thus, at least to the 2010 Protective Order, the record does not establish any surprise of its existence.

Heartsill v. State

341 P.2d 625 · Court of Criminal Appeals of Oklahoma · Jul 8, 1959

The jury believed the testimony of the accomplices in the conspiracy clearly established the connection of both Heartsill and Arnold with the conspiracy from its inception, and there is ample direct and circumstantial evidence … This evidence is not only clearly corroborative, but connective.

Avington v. Independent School District No. 1 of Tulsa County

District Court, N.D. Oklahoma · May 1, 2025

The Act broadly defines the phrase “discriminate against a qualified individual on the basis of disability” to include “excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known … Even liberally construed, the text of Avington’s EEOC charge does not clearly set forth the basis of a disability-related association discrimination claim.

Campbell v. State

546 P.2d 276 · Court of Criminal Appeals of Oklahoma · Feb 5, 1976

After being granted immunity from prosecution, she testified that in April of 1974 Julie was taken to the hospital after *278 defendant discovered a “soft spot” on her head. … For his second assignment of error, defendant alleges that the court erred in overruling his demurrer to the evidence for the reason that the corpus delic-ti was not established.

Summers v. Alexander

30 Okla. 198 · Supreme Court of Oklahoma · Nov 14, 1911

the date for subsequent payments, he had the right to suppose that the policies accorded with the applications as they had left his hands, and that they secured to him, on payment of the first annual premiums in advance, immunity … Such, clearly, was its effect. The policy was intended to put the contract in a more full and formal shape. The assured was bound to read the letters of the company in reply to his own with great care.

Large v. Acme Engineering & Manufacturing Corp.

790 P.2d 1086 · Supreme Court of Oklahoma · Apr 17, 1990

Contrary to the orthopedic surgeon's findings, the general surgeon found that the employee was not qualified for industrial work. … It is sufficient if the employer's evidence raises a genuine issue of fact concerning whether it retaliatorily discharged the employee. [22] The employer must set forth clearly, through the introduction of admissible evidence

Cooper v. State

61 Okla. Crim. 318 · Court of Criminal Appeals of Oklahoma · May 7, 1937

This is clearly shown by the verdict. The defendant being charged with murder was only convicted of manslaughter in the second degree. … In the Swan Case the court says: “If there is evidence, even though slight, tending to establish manslaughter in the second degree, a, reversal would not necessarily follow.”

Fletcher v. State

2 Okla. Crim. 300 · Court of Criminal Appeals of Oklahoma · Apr 24, 1909

These rules are fundamental and established; they are unchanged. See Lebkovitz v. State, 113 Ind. 27 , 14 N. E. 363, 597 .” … The information in this case is, in these respects, clearly and fatally defective.” In the case of Alexander v. State, 29 Tex. 497, 498 , it is said: “In the case of Burch v.

Henderson v. Whirlpool Corp.

17 F. Supp. 2d 1238 · District Court, N.D. Oklahoma · Aug 13, 1998

In order for an “eligible employee” to establish liability by an “employer,” as both terms are defined by the FMLA, 29 U.S.C. § 2611 (2) & (4), the employee must establish (1) entitlement to leave as defined by 29 U.S.C. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. Breeden v.

State Ex Rel. Cobb v. Mills

82 Okla. Crim. 155 · Court of Criminal Appeals of Oklahoma · Nov 14, 1945

It will be necessary that said section be so construed as to include court martial proceedings and to establish in this State a rule never before existing in any other state and contrary to that which would be applied by … Certainly this construction of section 25 extending it far beyond the provisions of our Constitution and other statutes is not to be adopted unless very clearly intended.

Gossett v. Helphinstine

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

The “denial of a grievance, by itself without any 5 connection to the violation of constitutional rights alleged by the plaintiff, does not establish … Pursuant to Local Civil Rule 5.2(a), the second amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets of paper shall have margins of no less than one (1) inch on the top

In re Palmer's Will

11 F. Supp. 301 · District Court, E.D. Oklahoma · Jun 28, 1935

Thus it will be seen that there were parties to the action who were clearly within the class designated in section 3, supra.” … Burge being now the duly qualified and acting administrator of his estate. Patsy Greenan is the duly qualified and acting guardian of Elias Palmer. E. S.

Hammond v. Frensley

261 P.2d 603 · Supreme Court of Oklahoma · Sep 29, 1953

Proponent tacitly admits that the evidence does not establish “(b)” but contends, that the rule as a whole has no application to this case. … Talley did not qualify as a psychiatrist, but his testimony was to the effect that the testatrix was mentally unstable and incompetent at the time he saw her.

Thigpen v. State

571 P.2d 467 · Court of Criminal Appeals of Oklahoma · Oct 14, 1977

These assignments of error clearly demonstrate the ambiguity of 21 O.S. … Just what is this equal protection guaranty which is established by the Fourteenth Amendment?

Lakey v. Taylor

District Court, E.D. Oklahoma · Feb 8, 2024

As a law enforcement officer, I am expected to have a working knowledge of clearly established laws and court rulings related to the profession’s core tasks. … He asserts that Narcan was clearly “contraindicated” based on Mr. Lakey’s symptoms. Mr.

Canfield v. Canfield

167 Okla. 590 · Supreme Court of Oklahoma · Jan 30, 1934

“Prejudice or aversion of testatrix for some of natural objects of bounty does not constitute undue influence, though will is clearly fruit of resentment or dislike.” In re Carson’s Estate (Cal. App.) 239 P. 364 . … “The word ‘undue’ when used to qualify •influence,’ has the legal meaning of ‘wrongful,’ so that ‘undue influence’ means a wrongful influencb, but influence- acquired through affection is not wrongful.” Hurd v.

Matter of Estate of King

837 P.2d 463 · Supreme Court of Oklahoma · Jan 11, 1991

After an appearance and denial of paternity, the court must order blood tests to determine paternity. [34] All of these provisions clearly contemplate that the alleged father is living. … The trial court order in this case is clearly contrary to law and should be reversed. Accordingly, I respectfully dissent and join in the dissent by Justice Kauger.