Case law

PURCELL v. PARKER

475 P.3d 834 · Supreme Court of Oklahoma · Oct 6, 2020

¶20 To meet the statutory requirements for notice by publication of 82 O.S. 2011 §105.11, the newspaper must qualify as a legal publication. 19 Apparently, the notice by publication was given by publication in the Purcell … Code, Title 785:20-1-2 provides in pertinent part: The following words and terms, when used in this Chapter of this Title, shall have the following meaning, unless the context clearly indicates otherwise: . . .

Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.

195 Okla. 131 · Supreme Court of Oklahoma · Feb 13, 1945

The foregoing rule is, perhaps, more clearly stated in a syllabus to the case of Kelley v. Rhoads, 7 Wyo. 237 , 51 P. 593 , 39 L.R.A. 594 , 75 Am. St. … “Of course, all of the authorities say. that more hesitation will be indulged against overruling prior opinions establishing property rights than in cases where such rights -are not established.

Woolley v. Wagoner County Sheriff's Department

District Court, E.D. Oklahoma · Jun 18, 2025

immunity. … immunity argument.

Opinion No. (2009)

Oklahoma Attorney General Reports · Oct 7, 2009

In answering your question we are guided by well-established court precedent. The goal of any statutory construction is to "ascertain and give effect to legislative intent." See J.L.M. v. … However, "where there are two statutory provisions, one of which is special and clearly includes the matter in controversy, and prescribes different rules and procedures from those in a general statute, the special statute

Manorcare of Oklahoma City (Southwest), LLC v. Oklahoma Lumbermen's Ass'n Health Plan Plus

996 F. Supp. 2d 1131 · District Court, W.D. Oklahoma · Jan 24, 2014

The Plan establishes a three-step appeals process for denied claims. The level one appeal is a review by a qualified person who was uninvolved with the initial denial. AR 44. … Friggeri took in the WCC proceeding and is being held liable only for amounts it would otherwise have owed anyway if a claim against it had been pursued and established in the first instance.

United States v. Gardner

23 F. Supp. 2d 1283 · District Court, N.D. Oklahoma · Jul 7, 1998

In the first category, there is conduct that is clearly unsupported by law. The second category of infirm conduct would be conduct that is clearly unsupported by facts. … In this regard, the Court observes that the Hyde Amendment, like the EAJA, is a waiver of sovereign immunity to be strictly construed in favor of the United States. See Olenhouse v.

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.

McSpadden v. Mahoney

402 P.2d 656 · Supreme Court of Oklahoma · Dec 15, 1964

Through Section 667, the Legislature intended only to establish the time that such an order of the trial court should take effect. In fact that is the only subject with which the quoted portion of the statute did deal. … I am now, and was at all times mentioned herein, the duly elected, qualified and acting Clerk of this Court. "2. On December 10, 1963, a member of the Bar from Vinita, Oklahoma, known to me as Richard L.

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.

Burke v. State

62 O.B.A.J. 3443 · Court of Criminal Appeals of Oklahoma · Nov 1, 1991

The statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question … The type of statement sought to be taken, while it is hearsay, is not the type of hearsay which can qualify as an exception to the right of confrontation when analyzed in the light of the historical foundation established

Wolverine Oil Co. v. Parks

79 Okla. 318 · Supreme Court of Oklahoma · Nov 4, 1919

He is denied the privilege of seeking and forcing redress by his own strong arm and compelled to resort to the established tribunals for remedy. … We are of the opinion that this evidence was clearly inadmissible. Kingsbury v. Waco State Bank (Tex. Civ. App.) 70 S. W. 551 ; Davis v. Vories (Mo.) 42 S. W. 707 ; Reed Groc. Co. v.

In Re Guardianship of Jackson

87 Okla. 112 · Supreme Court of Oklahoma · Dec 13, 1921

Section 11, art. 7, of the Constitution of Oklahoma provides: "There is hereby established in each county in this state a county court, which shall be a court of record . * * *" Section 12, art. 7, of the Constitution provides … Clearly, under the provisions of the above statute, the probate jurisdiction of the probate court of Okmulgee county, after the petitioner had attained her majority, had terminated, and the only probate jurisdiction, which

Oklahoma Coalition for Reproductive Justice v. Cline

368 P.3d 1278 · Supreme Court of Oklahoma · Feb 23, 2016

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with the Constitution. Id. … No causal relationship between the use of Mifeprex and miso-prostol and these events has been established." .

Higgins v. Brown, Judge

20 Okla. 355 · Supreme Court of Oklahoma · Mar 9, 1908

of the citizens of the United States/ ' This treaty is the law of the land, a,nd admits the inhabitants of Florida to the enjoyments of the privileges, rights, and immunities of the citizens of the United States. … consent of the Senate, should appoint and commission to serve as aforesaid, and when a vacancy should occur in the Legislative Council by death or removal from office, the House of Representatives should nominate two persons qualified

Allen v. Burkhart

377 P.2d 821 · Supreme Court of Oklahoma · Jan 17, 1963

On September 27, 1962, the Governor, with reference to the initiative petition involved in this case, proclaimed that (a) Question No. 408, “shall be submitted to the qualified electors * * * for their approval or rejection … 670 , in the first paragraph of the syllabus this Court said: “Our constitution vests in the Legislature the supreme power to -enact laws tó meet the needs of the State, and its acts should be upheld unless plainly and clearly

At & T v. Herrig (In Re Herrig)

217 B.R. 891 · United States Bankruptcy Court, N.D. Oklahoma · Mar 3, 1998

Once the screening process is complete, AT & T sends a solicitation letter to those who qualify, indicating the amount of the preapproved credit line. … Unless all of these items are established by a preponderance of the evidence, the debt is dischargeable.

Holt v. Holt

23 Okla. 639 · Supreme Court of Oklahoma · May 12, 1909

Julier, to whom she was married in 1856, and from whom she had secured a divorce in 1888, to establish her dower right in certain lands owned during the coverture. … The relations of the parties were such that' it was the duty of the defendant to assist the plaintiff, and it clearly appears that he was amply able to perform his whole duty in that regard, and to require the plaintiff to

Cline v. DaimlerChrysler Co., Corp.

114 P.3d 468 · Court of Civil Appeals of Oklahoma · Mar 4, 2005

The trial court erred in rejecting Plaintiffs fee petition as a whole, where many individual entries therein “are clearly compensable.” Basselen, 341 Ill.App.3d 278 , 275 Ill.Dec. 267 , 792 N.E.2d at 511 . … We agree. ¶ 32 At issue here is whether Plaintiff presented sufficient proof to establish a prima facie Magnuson-Moss case.

Timmons v. Royal Globe Insurance Co.

653 P.2d 907 · Supreme Court of Oklahoma · Jul 27, 1982

Had this Court contemplated a digression from the usual standard in a civil case, the Christian opinion would have clearly delineated such a change. … Appellants admit it is relevant to perceive the harm to society caused by the conduct establishing liability for punitive damages.

ANDREW v. DEPANI-SPARKES

396 P.3d 210 · Supreme Court of Oklahoma · May 16, 2017

Wedgewood Village, Inc. 32 The first statement is clearly incorrect based upon opinions since Culpepper which allow a party to invoke judicial discretion by a filing a motion to reconsider. … hospital, resolving all claims against it, on appeal we inquired into whether the claims against the hospital arose from the same transaction or occurrence as the claims against the doctors, concluding that the claims were "clearly