discussion principle (Oklahoma) · Go Syfert
← Oklahoma issues

discussion principle in Oklahoma

21 Oklahoma opinions name it 2 courts 1908–2009 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Celli v. Shoellgreen
ca10 · 1994 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
1 sentence

2009As we have explained herein, facts may be presented to a District Court for adjudication of a challenge to in personam jurisdiction by special appearance without waiving that challenge. [33] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 3. [34] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 4. [35] Appendix to Petitioner's Brief in Support of Application to Assume Original Jurisdiction, etc., No. 106

11
No. 96-1047green
ca10 · 1996 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
1 sentence

2009As we have explained herein, facts may be presented to a District Court for adjudication of a challenge to in personam jurisdiction by special appearance without waiving that challenge. [33] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 3. [34] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 4. [35] Appendix to Petitioner's Brief in Support of Application to Assume Original Jurisdiction, etc., No. 106

11
CREST INFINITI, II, LP v. Swintongreen
okla · 2007 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
2 sentences

2009See the discussion of this principle in Crest Infiniti, II, LP v. Swinton, 2007 OK 77, n. 8 , 174 P.3d 996, 1001 .

2009See the discussion of this principle in Crest Infiniti, II, LP v. Swinton, 2007 OK 77, n. 8 , 174 P.3d 996, 1001 .

11
Clark v. City of Janesvillegreen
· 1860 · cited in 1 Oklahoma opinions naming this issue, 2006–2006
2 sentences

2006Cooley, Constitutional Limitations, 258-264 (8th ed.1927), (citations to various states, including a quote from City of Sapulpa v. Land, 1924 OK 92 , 223 P. 640 , 35 A.L.R. 872 stating that a general law need not operate on every locality of the state). [12] We defined a local law as one "which in its subject relates but to a portion of the people of the state or their property; and may not, either in its subject, operation or immediate and necessary results, effect the people of the state, or their property in general." Territory of Oklahoma v. School District No. 83, 1901 OK 22, ¶ 5 , 64 P.

2006Cooley, Constitutional Limitations, 258-264 (8th ed.1927), (citations to various states, including a quote from City of Sapulpa v. Land, 1924 OK 92 , 223 P. 640 , 35 A.L.R. 872 stating that a general law need not operate on every locality of the state). .We defined a local law as one "which in its subject relates but to a portion of the people of the state or their property; and may not, either in its subject, operation or immediate and necessary results, effect the people of the state, or their property in general.” Territory of Oklahoma v. School District No. 83, 1901 OK 22, ¶ 5 , 64 P. 241,

11
Albert J. Gaiardo and Patricia Gaiardo, His Wife v. Ethyl Corporation, A/K/A Ethyl Corporation, Visqueen Divisiongreen
ca3 · 1987 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
1 sentence

1996Teamsters Local Union No. 430 v. Cement Exp., Inc., 841 F.2d 66, 69 (3d Cir.1988); Gaiardo v. Ethyl Corp., 835 F.2d 479, 484 (3d Cir. 1987). 12 .

11
Teamsters Local Union No. 430 v. Cement Express, Inc., Lehigh Portland Cement Company Herman Brothers, Inc. And Bulk, Incgreen
ca3 · 1988 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
1 sentence

1996Teamsters Local Union No. 430 v. Cement Exp., Inc., 841 F.2d 66, 69 (3d Cir.1988); Gaiardo v. Ethyl Corp., 835 F.2d 479, 484 (3d Cir. 1987). 12 .

11
Matthews v. Freedmangreen
paed · 1989 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
1 sentence

1996For a discussion of these factors when used in evaluating the imposition of sanctions, see Mary Ann Pensiero, Inc. v. Lingle, 847 F.2d 90 , 95 (3d Cir.1988); Fed.R.Civ.P. 11 Advisory Committee note (1983); Matthews v. Freedman, 128 F.R.D. 194, 197-98 (E.D.Pa.1989). 11 .

11
Johnson v. Zerbstgreen
scotus · 1938 · cited in 1 Oklahoma opinions naming this issue, 1990–1990
2 sentences

1990The note upon which Appellant relies is a quote from Johnson v. Zerbst, 304 U.S. 458, 464, 466 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938), found in the discussion that for a waiver to be valid under the due process clause, it must be an intentional relinquishment or abandonment of a known right or privilege.

1990The note upon which Appellant relies is a quote from Johnson v. Zerbst, 304 U.S. 458, 464, 466 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938), found in the discussion that for a waiver to be valid under the due process clause, it must be an intentional relinquishment or abandonment of a known right or privilege.

11
Suglove v. Oklahoma Tax Commissiongreen
okla · 1979 · cited in 1 Oklahoma opinions naming this issue, 1987–1987
1 sentence

1987See Suglove v. Oklahoma Tax Commission, 605 P.2d 1315 (Okla.1979) for a discussion of factors relevant to a determination of domicile. .See 26 O.S.Supp.1983 § 8-120(2).

11
Scott v. Bradfordgreen
okla · 1979 · cited in 1 Oklahoma opinions naming this issue, 1982–1982
1 sentence

1982See Scott v. Bradford, 606 P.2d 554 (Okl.1979) for a complete discussion of the doctrine of informed consent.

11
Branson v. Bransongreen
okla · 1942 · cited in 1 Oklahoma opinions naming this issue, 1956–1956
2 sentences

1956See Branson v. Branson, 190 Okl. 347 , 123 P.2d 643 , for a discussion of the factors to be considered in determining the amount of separate maintenance that should be allowed.

1956See Branson v. Branson, 190 Okl. 347 , 123 P.2d 643 , for a discussion of the factors to be considered in determining the amount of separate maintenance that should be allowed.

11
Arlotte v. National Liberty Insurancegreen
pa · 1933 · cited in 1 Oklahoma opinions naming this issue, 1945–1945
2 sentences

1945See a subsequent discussion of the rule in the various jurisdictions following Arlotte v. National Liberty Insurance Co., 312 Pa. 442 , 167 Atl. 295 , 108 A.L.R. 896 , and annotations at page 901.

1945See a subsequent discussion of the rule in the various jurisdictions following Arlotte v. National Liberty Insurance Co., 312 Pa. 442 , 167 Atl. 295 , 108 A.L.R. 896 , and annotations at page 901.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
Doe v. See green
ca9 · 2009
1 sentence

2009As we have explained herein, facts may be presented to a District Court for adjudication of a challenge to in personam jurisdiction by special appearance without waiving that challenge. [33] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 3. [34] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 4. [35] Appendix to Petitioner's Brief in Support of Application to Assume Original Jurisdiction, etc., No. 106

12009–2009
Kanter v. Barella green
ca3 · 2007
1 sentence

2009As we have explained herein, facts may be presented to a District Court for adjudication of a challenge to in personam jurisdiction by special appearance without waiving that challenge. [33] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 3. [34] Appendix to Respondent's Verified Response to Petitioner's Application to Assume Original Jurisdiction, etc, No. 106,432, Nov. 10, 2008, Exhibit 4. [35] Appendix to Petitioner's Brief in Support of Application to Assume Original Jurisdiction, etc., No. 106

12009–2009
Territory of Oklahoma Ex Rel. Taylor v. School District No. 83 green
okla · 1901
2 sentences

2006Cooley, Constitutional Limitations, 258-264 (8th ed.1927), (citations to various states, including a quote from City of Sapulpa v. Land, 1924 OK 92 , 223 P. 640 , 35 A.L.R. 872 stating that a general law need not operate on every locality of the state). [12] We defined a local law as one "which in its subject relates but to a portion of the people of the state or their property; and may not, either in its subject, operation or immediate and necessary results, effect the people of the state, or their property in general." Territory of Oklahoma v. School District No. 83, 1901 OK 22, ¶ 5 , 64 P.

2006Cooley, Constitutional Limitations, 258-264 (8th ed.1927), (citations to various states, including a quote from City of Sapulpa v. Land, 1924 OK 92 , 223 P. 640 , 35 A.L.R. 872 stating that a general law need not operate on every locality of the state). [12] We defined a local law as one "which in its subject relates but to a portion of the people of the state or their property; and may not, either in its subject, operation or immediate and necessary results, effect the people of the state, or their property in general." Territory of Oklahoma v. School District No. 83, 1901 OK 22, ¶ 5 , 64 P.

12006–2006
City of Sapulpa v. Land green
okla · 1924
2 sentences

2006Cooley, Constitutional Limitations, 258-264 (8th ed.1927), (citations to various states, including a quote from City of Sapulpa v. Land, 1924 OK 92 , 223 P. 640 , 35 A.L.R. 872 stating that a general law need not operate on every locality of the state). [12] We defined a local law as one "which in its subject relates but to a portion of the people of the state or their property; and may not, either in its subject, operation or immediate and necessary results, effect the people of the state, or their property in general." Territory of Oklahoma v. School District No. 83, 1901 OK 22, ¶ 5 , 64 P.

2006Cooley, Constitutional Limitations, 258-264 (8th ed.1927), (citations to various states, including a quote from City of Sapulpa v. Land, 1924 OK 92 , 223 P. 640 , 35 A.L.R. 872 stating that a general law need not operate on every locality of the state). [12] We defined a local law as one "which in its subject relates but to a portion of the people of the state or their property; and may not, either in its subject, operation or immediate and necessary results, effect the people of the state, or their property in general." Territory of Oklahoma v. School District No. 83, 1901 OK 22, ¶ 5 , 64 P.

12006–2006
Pensiero v. Lingle green
ca3 · 1988
1 sentence

1996For a discussion of these factors when used in evaluating the imposition of sanctions, see Mary Ann Pensiero, Inc. v. Lingle, 847 F.2d 90 , 95 (3d Cir.1988); Fed.R.Civ.P. 11 Advisory Committee note (1983); Matthews v. Freedman, 128 F.R.D. 194, 197-98 (E.D.Pa.1989). 11 .

11996–1996
Gibson v. Berryhill green
scotus · 1973
2 sentences

1996For a discussion of the neutrality-and-detachment requirements that apply to professional board membership, see Gibson v. Berryhill, 411 U.S. 564 , 93 S.Ct. 1689 , 36 L.Ed.2d 488 (1973). [2] For a discussion of this standard of proof, see infra note 14. [3] For many years the term "burden of proof" was ambiguous, because it was used to describe two distinct concepts.

1996For a discussion of the neutrality-and-detachment requirements that apply to professional board membership, see Gibson v. Berryhill, 411 U.S. 564 , 93 S.Ct. 1689 , 36 L.Ed.2d 488 (1973). [2] For a discussion of this standard of proof, see infra note 14. [3] For many years the term "burden of proof" was ambiguous, because it was used to describe two distinct concepts.

11996–1996
People v. Bullock green
mich · 1992
2 sentences

1994The Michigan Supreme Court examined the textual differences between their constitution and the United States Constitution in People v. Bullock, 440 Mich. 15 , 485 N.W.2d 866 (1992), and the Michigan court’s discussion and analysis in Bullock is instructive.

1994The Michigan Supreme Court examined the textual differences between their constitution and the United States Constitution in People v. Bullock, 440 Mich. 15 , 485 N.W.2d 866 (1992), and the Michigan court’s discussion and analysis in Bullock is instructive.

11994–1994
Heller v. Dailey green
indctapp · 1902
2 sentences

1967There the court, to support what appears to be a change of opinion, cited with approval Heller v. Dailey, 28 Ind.App. 555 , 63 N.E. 490 , as follows: “The right to take minerals (oil and gas) from the land constitutes an interest in the land.” The court then determined that the measure of damages for breach of a covenant of an oil and gas léase, was fixed by the statutory provision for “ * * * breach * * * in a grant of an estate in real property, * 23 O.S.1961, § 25, and accepted the definition of an estate contained in Bouvier’s law dictionary, as follows: “The degree, quantity, nature and e

1967There the court, to support what appears to be a change of opinion, cited with approval Heller v. Dailey, 28 Ind.App. 555 , 63 N.E. 490 , as follows: “The right to take minerals (oil and gas) from the land constitutes an interest in the land.” The court then determined that the measure of damages for breach of a covenant of an oil and gas léase, was fixed by the statutory provision for “ * * * breach * * * in a grant of an estate in real property, * 23 O.S.1961, § 25, and accepted the definition of an estate contained in Bouvier’s law dictionary, as follows: “The degree, quantity, nature and e

11967–1967
Nunnery v. Beatrice Foods Company neutral
okla · 1959
1 sentence

1965For a discussion of this rule, see Nunnery v. Beatrice Foods Company, Okl., 340 P.2d 236 .

11965–1965
Rhine v. State green
oklacrimapp · 1958
1 sentence

1960For a discussion of the principle, see Rhine v. State, Okl.Cr., 336 P.2d 913 .

11960–1960
Donnelly v. United States green
scotus · 1913
2 sentences

1948For a discussion of this principle, see quotation in the opinion from Donnelly v. United States, 228 U.S. 243 , 33 S.Ct. 449 , 57 L.Ed. 820 , Ann.

1948For a discussion of this principle, see quotation in the opinion from Donnelly v. United States, 228 U.S. 243 , 33 S.Ct. 449 , 57 L.Ed. 820 , Ann.

11948–1948
State Ex Rel. Atty. Gen. v. Stanfield neutral
oklacrimapp · 1914
1 sentence

1948Cas. 1913E, 710.” To the same effect see State ex rel. v. Stanfield, 11 Okla.

11948–1948
Micco v. Huser neutral
okla · 1938
2 sentences

1941They cite Micco v. Huser, 185 Okla. 394 , 91 P. 2d 1069 , and other Oklahoma cases relating to guardianship matters in the county courts.

1941They cite Micco v. Huser, 185 Okla. 394 , 91 P. 2d 1069 , and other Oklahoma cases relating to guardianship matters in the county courts.

11941–1941
Abner Manufacturing Co. v. Blackburn green
okla · 1933
1 sentence

1938The finding of that body on such a *463 question will not tie disturbed in. this court if supported by any competent evidence.” For a discussion of the rule relative to liability where there is a recurrence of the original injury, see New York Indemnity Co. v. Miller, 163 Okla. 283 , 22 P.2d 107 ; Deep Rock Oil Corp. v. Betchan, 169 Okla. 42 , 35 P.2d 905 , 102 A. L.

11938–1938
Deep Rock Oil Corp. v. Betchan neutral
okla · 1934
2 sentences

1938The finding of that body on such a *463 question will not tie disturbed in. this court if supported by any competent evidence.” For a discussion of the rule relative to liability where there is a recurrence of the original injury, see New York Indemnity Co. v. Miller, 163 Okla. 283 , 22 P.2d 107 ; Deep Rock Oil Corp. v. Betchan, 169 Okla. 42 , 35 P.2d 905 , 102 A. L.

1938The finding of that body on such a *463 question will not tie disturbed in. this court if supported by any competent evidence.” For a discussion of the rule relative to liability where there is a recurrence of the original injury, see New York Indemnity Co. v. Miller, 163 Okla. 283 , 22 P.2d 107 ; Deep Rock Oil Corp. v. Betchan, 169 Okla. 42 , 35 P.2d 905 , 102 A. L.

11938–1938
New York Indemnity Co. v. Miller green
okla · 1933
1 sentence

1938The finding of that body on such a *463 question will not tie disturbed in. this court if supported by any competent evidence.” For a discussion of the rule relative to liability where there is a recurrence of the original injury, see New York Indemnity Co. v. Miller, 163 Okla. 283 , 22 P.2d 107 ; Deep Rock Oil Corp. v. Betchan, 169 Okla. 42 , 35 P.2d 905 , 102 A. L.

11938–1938
United States National Life & Casualty Co. v. Heard neutral
okla · 1931
1 sentence

1932We are referred to two cases that have been decided by this court, one of them being United States National Life & Casualty Co. v. Heard, 148 Okla. 274 , 298 P. 619 , opinion being filed April 28, 1931, in. which there is a discussion of waiver by conduct of the beneficiary and as to whether or not a waiver with reference to one doctor is a waiver as to others.

11932–1932
Martin v. Swan green
okla · 1931
1 sentence

1932We are referred to two cases that have been decided by this court, one of them being United States National Life & Casualty Co. v. Heard, 148 Okla. 274 , 298 P. 619 , opinion being filed April 28, 1931, in. which there is a discussion of waiver by conduct of the beneficiary and as to whether or not a waiver with reference to one doctor is a waiver as to others.

11932–1932
Henthorn v. Tidd neutral
okla · 1916
11929–1929
Keagy v. the Wellington National Bank neutral
okla · 1902
11929–1929
De Watteville v. Sims green
okla · 1914
11929–1929
Fidelity Title & Trust Co. v. Kansas Natural Gas Co. green
· 1913
11925–1925
Leavitt v. Lassen Irrigation Co. green
cal · 1909
11925–1925
Limoneira Co. v. Railroad Commission green
cal · 1917
11925–1925
Schonwald v. Ragains green
okla · 1912
11924–1924
Sparks v. Territory of Oklahoma neutral
okla · 1905
11908–1908
Lewis v. State neutral
oklacrimapp · 1917
11908–1908
Glaser v. Glaser green
· 1903
11908–1908

Where else courts name it

CA 226 (1907–2026) LA 168 (1941–2025) TX 156 (1905–2021) PA 112 (1911–2026) NY 81 (1891–2026) TN 77 (1904–2026) IL 59 (1872–2024) CT 55 (1857–2021) MA 55 (1874–2024) MO 47 (1905–2020) FL 43 (1914–2019) AL 40 (1894–2024) MD 38 (1939–2025) WV 36 (1935–2020) IN 36 (1867–2019) WI 32 (1891–2025) KS 28 (1904–2024) GA 27 (1895–2018) MI 26 (1889–2022) WA 23 (1910–2024) OK 21 (1908–2009) NC 21 (1895–2022) OH 21 (1906–2026) MT 21 (1919–2022) KY 20 (1917–2022) DE 20 (1972–2025) RI 19 (1968–2022) ME 16 (1947–2024) SC 16 (1929–2022) AZ 16 (1916–2020) OR 15 (1922–2025) MS 15 (1956–2020) NE 15 (1884–2021) VA 14 (1927–2015) AR 14 (1941–2026) NJ 14 (1891–2019) WY 14 (1948–1999) NM 12 (1950–2025) AK 11 (1964–2001) UT 10 (1958–2021) IA 9 (1962–2025) DC 9 (1956–2016) MN 8 (1900–2006) CO 8 (1952–2008) NV 7 (1991–2009) VT 7 (1967–2026) NH 5 (1986–2021) ID 5 (1968–2012) HI 4 (1982–2017) ND 4 (1950–1991) SD 3 (1979–2010) VI 2 (1988–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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