Case law

In Re the Habeas Corpus of Langley

325 P.2d 1094 · Court of Criminal Appeals of Oklahoma · May 21, 1958

in this state and is clearly approved in the following cases: Ex parte Middaugh, 40 Okl.Cr. 280 , 268 P. 321 ; Adams v. … receiving a requisition and papers in proper form from the executive of the demanding state; and, while the obvious purpose of such provision is to prevent an offender against the justice of one state from gaining an asylum and immunity

Chicago, R. I. & P. Ry. Co. v. State

90 Okla. 173 · Supreme Court of Oklahoma · May 15, 1923

p,- the power of the state, through its agency, the Corporation Commission, to. require railroáds to construct and maintain 'adequate depots, or, if necessary, union depots, was -settled and established by a long line of … The natural and appropriate, office of a proviso being to restrain or qualify som.e preceding matter, it should be confined to what precedes it, unless it clearly appears to-have been intended to apply to some other matter

Question Submitted by: The Honorable Richard Morrissette, State Representative, District 92

2015 OK AG 10 · Oklahoma Attorney General Reports · Oct 29, 2015

The Legislature made its purpose clear in establishing the Oklahoma Guardianship and Conservatorship Act, emphasizing maximum self-reliance and independence of the ward. ¶3 The Legislature stated its purpose for establishing … Where the "language is plain and clearly expresses the legislative will, further inquiry is unnecessary." Cattlemen's Steakhouse, Inc. v. Waldenville , 2013 OK 95, ¶ 14 , 318 P.3d 1105, 1110 . B.

Ysbrand v. DaimlerChrysler Corp.

74 O.B.A.J. 725 · Supreme Court of Oklahoma · Feb 25, 2003

"An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence." Patel v. OMH Med. Cir. Inc., 1999 OK 33 , 987 P.2d 1185, 1194 . … The Act, however, expressly provides that compliance with its provisions does not immunize a manufacturer from lability under common law or for warranty claims. 49 U.S.C. § 80108 . 123 DaimlerChrysler also argues that, without

Cimarron River Ranch, LLC v. State Ex Rel. Commissioners of the Land Office

261 P.3d 605 · Court of Civil Appeals of Oklahoma · Oct 15, 2010

seeks damages it sustained as a result of CLO's denial of its preference right to purchase. 16 As to Plaintiff's claim that CTE, a lessee of School Trust land, had entered into a sublease with a third party and was not qualified … or hereafter to be established, three hundred thousand acres.

Powell v. State

21 Okla. Crim. 332 · Court of Criminal Appeals of Oklahoma · Jun 19, 1922

On the trial the codefendants Hart and Cline voluntarily testified against this defendant, waiving all privileges and immunities. … The state only demands the punishment of its citizens when their guilt has been clearly established according to the forms of law and by the rules of evidence prescribed for ascertaining their guilt.

State of Oklahoma v. United States Environmental Protection Agency

District Court, N.D. Oklahoma · May 29, 2019

A ruling in favor of plaintiffs would clearly harm the goals of Waterkeeper Alliance and L.E.A.D. Agency to preserve and protect water resources in Oklahoma from harmful pollution and development. … This factor clearly weighs in favor of allowing intervention.

McCoy v. Miller

District Court, E.D. Oklahoma · Jun 10, 2024

The Court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such … 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.

Rogers v. Worthan

465 P.2d 431 · Supreme Court of Oklahoma · Feb 10, 1970

(Okl., 1961), 366 P.2d 400 , wherein it is held: “Where the plaintiff’s case rests upon the testimony of a witness whose further examination so explains or qualifies his *435 prior testimony as to leave the fact to which … Clearly, the mother in the Venable case had not been dependent, to any extent whatsoever, upon the deceased child, but she was allowed to recover for pecuniary loss to the extent of $10,000.00.

Koch Fuels, Inc. v. State Ex Rel. Oklahoma Tax Commission

64 O.B.A.J. 3276 · Supreme Court of Oklahoma · Oct 26, 1993

The fact that Burlington Northern consumed the oil outside of Oklahoma does not immunize from taxation Koch’s sale to Burlington Northern within this State. … Clearly, 68 O.S.Supp.1983 § 1359(E) discriminates against an out-of-state manufacturer who brings goods into Oklahoma and then sells those goods to a buyer who takes the goods out-of-state.

State Ex Rel. Oklahoma Bar Ass'n v. Weeks

69 O.B.A.J. 2647 · Supreme Court of Oklahoma · Jul 14, 1998

inadequate to compensate attorneys for the tremendous work required in civil rights actions and their considerable risk of not succeeding after so much time and effort is expended, making these cases much less attractive to qualified … established that the statutory fee cannot be enhanced based on the contingent nature of the attorney’s compensation.

United States v. Foreman

5 Okla. 237 · Supreme Court of Oklahoma · Feb 12, 1897

The petition, in substance, states: That on the 24th day of April, 1889, the plaintiff was a qualified entryman under .the homestead laws of the United States, and that he on that day made homestead entry on the northwest … In a court thus established, anything which the plaintiff might have been required to prove in a prescribed form before the secretary he would be appropriately required to establish by clear proof, in open court, in the presence

State ex rel. Department of Transportation v. Mehta

180 P.3d 1214 · Court of Civil Appeals of Oklahoma · Feb 11, 2008

Nonetheless, the Trial Court's reference to the "taking" of Property C is clearly and repeatedly qualified. … Nonetheless, the language clearly provides for an appeal of issues related to any jury trial.

Days Inns Worldwide v. Mandir, Inc.

393 F. Supp. 2d 1240 · District Court, W.D. Oklahoma · Jul 18, 2005

After carefully reviewing the relevant provisions of the Agreement, the Court is convinced that the parties’ intentions are clearly and unambiguously expressed in the contractual language. … “Since federal jurisdiction in this case is premised on diversity and the right to interest on a cause of action qualifies as a substantive right, [this Court] must look to New York law [to determine whether and to what extent

City of Guthrie v. Beamer

3 Okla. 652 · Supreme Court of Oklahoma · Sep 7, 1895

Albertvose et al. 20 Pac. 817, is another of the class of cases relied upon by defendants in error, but is clearly distinguishable from the case at bar. … To this condition of affairs no established rules were applicable.

Choctaw Nation v. Cherokee Nation

393 F. Supp. 224 · District Court, E.D. Oklahoma · Apr 15, 1975

We agree with Oklahoma that references to the Arkansas River are for the purpose of establishing reference points, monuments, or boundaries. … S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary.”

Bonner v. Oklahoma Rock Corp.

64 O.B.A.J. 3098 · Supreme Court of Oklahoma · Oct 12, 1993

This provision is clearly consistent with a grant to Southwest Stone of a fee interest in the substances. … Along with the named substances, the Document clearly conveys the right to alter the surface.

Gaylord v. Spartan College of Aeronautics & Technology, LLC

District Court, N.D. Oklahoma · Jul 26, 2019

Plaintiff does not clearly dispute whether Abczynski qualifies as a “person” within the meaning of § 1442(a), and the Court therefore will assume, without deciding, that Abczynski’s position as a DPE satisfies the first … Defendants had “sufficiently put in issue the questions of official justification and immunity,” and therefore had satisfied the requirement of a “causal connection.” Id. at 409.

Godfrey v. Iowa Land & Trust Co.

21 Okla. 293 · Supreme Court of Oklahoma · May 20, 1908

Accordingly to the well-known mode of proceeding at the land offices (established for the mutual convenience of buyer and seller), if the party is entitled by law to enter the land, the receiver gives him a certificate of … The.use of the word ‘heirs’ clearly implies that such an estate was granted as would, upon her death, descend to her legal .representatives. Here, then, are all the essential elements of a fee-simple estate.

Vavra v. State

509 P.2d 1379 · Court of Criminal Appeals of Oklahoma · May 2, 1973

The questioning established that he had never spoken to either of the Blackleys, that he did not know their names, and that he had not heard them discuss the case. … That case is clearly distinguishable on its face. There the State told the jury they were paying for the defendant’s lawyer fees. The court held these remarks improper.