14 Oklahoma opinions name it 2 courts 1941–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Pryse Monument Co. v. District Court of Kay Countygreen2 sentences2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 5 |
Joiner v. Browngreen2 sentences2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 4 |
Kirkland v. General Motors Corporationgreen2 sentences2021See Kirkland v. General Motors Corporation , 1974 OK 52 521 P.2d 1353 'Negligence' is the failure to exercise ordinary care to avoid injury to another's person or property. 'Ordinary care' is the care which a reasonably careful person would use under the same or similar circumstances. 2021See Kirkland v. General Motors Corporation , 1974 OK 52 521 P.2d 1353 'Negligence' is the failure to exercise ordinary care to avoid injury to another's person or property. 'Ordinary care' is the care which a reasonably careful person would use under the same or similar circumstances. | 1 | 1 |
Arkansas Valley State Bank v. Phillipsgreen2 sentences2017Arkansas Valley State Bank v. Phillips, 2007 OK 78, ¶10 , 171 P.3d 899, 903 (“The due process clauses of the United States and the Oklahoma Constitutions provide that certain substantive rights — life, liberty and property — cannot be deprived except by constitutionally adequate procedures.”) (notes omitted); Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring) ("It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 2017Arkansas Valley State Bank v. Phillips, 2007 OK 78, ¶10 , 171 P.3d 899, 903 (“The due process clauses of the United States and the Oklahoma Constitutions provide that certain substantive rights — life, liberty and property — cannot be deprived except by constitutionally adequate procedures.”) (notes omitted); Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring) ("It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 1 |
Bouziden v. Alfalfa Electric Cooperative, Inc.green2 sentences2002See Bouziden v. Alfalfa Electric Cooperative, Inc., 2000 OK 50 , 16 P.3d 450 . 4 ¶ 6 Sun premised its argument that Sago-na was a mere licensee on undisputed evidence that she was there, not to conduct business with Sun, but to have lunch with her husband. 2002See Bouziden v. Alfalfa Electric Cooperative, Inc., 2000 OK 50 , 16 P.3d 450 . 4 ¶ 6 Sun premised its argument that Sago-na was a mere licensee on undisputed evidence that she was there, not to conduct business with Sun, but to have lunch with her husband. | 1 | 1 |
Eskridge v. Laddgreen2 sentences1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be 1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be | 1 | 1 |
In Re Crane's Estategreen2 sentences1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be 1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be | 1 | 1 |
Abel v. Tisdalegreen1 sentence1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be | 1 | 1 |
Oklahoma Turnpike Authority v. Ashergreen1 sentence1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be | 1 | 1 |
Nail Ex Rel. Nail v. Oklahoma Children's Memorial Hospitalgreen1 sentence1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be | 1 | 1 |
Bennett v. Kiowa County Bankgreen2 sentences1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be 1997Steadfast adherence to strict procedural safeguards is our main assurance that there will be equal justice under law. * * *" (Emphasis added.) Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring). [50] Eskridge v. Ladd, Okl., 811 P.2d 587, 590 (1991); In Re Crane's Estate, 201 Okl. 354 , 206 P.2d 726, 729 (1949). [51] Eskridge, supra note 50 at 590. [52] Oklahoma Turnpike Authority v. Asher, Okl., 863 P.2d 1205, 1207 (1993); Abel v. Tisdale, Okl., 619 P.2d 608, 612 (1980); Crane's Estate, supra note 50 at 729; Be | 1 | 1 |
Matter of Estate of Flowersgreen2 sentences1996Goldman v. Goldman, Okl., 883 P.2d 164, 166 (1994); Estate of Flowers v. Clinkingbeard, Okl., 848 P.2d 1146, 1155 (1993). . " * * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 1996Goldman v. Goldman, Okl., 883 P.2d 164, 166 (1994); Estate of Flowers v. Clinkingbeard, Okl., 848 P.2d 1146, 1155 (1993). [2] "* * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 1 |
Goldman v. Goldmangreen2 sentences1996Goldman v. Goldman, Okl., 883 P.2d 164, 166 (1994); Estate of Flowers v. Clinkingbeard, Okl., 848 P.2d 1146, 1155 (1993). . " * * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 1996Goldman v. Goldman, Okl., 883 P.2d 164, 166 (1994); Estate of Flowers v. Clinkingbeard, Okl., 848 P.2d 1146, 1155 (1993). [2] "* * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 1 |
Jaco Production Co. v. Lucagreen2 sentences1994See Jaco, supra note 1 , 823 P.2d at 364 . . " * * * it is procedure that spells much of the difference between rule by law and rule by whim or caprice. 1994See Jaco, supra note 1 , 823 P.2d at 364 . . " * * * it is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 1 |
Alonzo Bonner v. Joseph Coughlingreen2 sentences1989The Supreme Court in Par-ratt, addressing these very points, adopted the reasoning of the Seventh Circuit in Bonner v. Coughlin, 517 F.2d 1311, 1319 (7th Cir.1975), where that court stated: “It seems to us that there is an important difference between a challenge to an established state procedure as lacking in due process and a property damage claim arising out of the misconduct of state officers.... even though there is action ‘under color of state law sufficient to bring the amendment into play, the state action is not necessarily complete. 1989The Supreme Court in Parratt , addressing these very points, adopted the reasoning of the Seventh Circuit in Bonner v. Coughlin, 517 F.2d 1311, 1319 (7th Cir.1975), where that court stated: "It seems to us that there is an important difference between a challenge to an established state procedure as lacking in due process and a property damage claim arising out of the misconduct of state officers.... even though there is action `under color of' state law sufficient to bring the amendment into play, the state action is not necessarily complete. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Joint Anti-Fascist Refugee Committee v. McGrath
green
2 sentences2017Arkansas Valley State Bank v. Phillips, 2007 OK 78, ¶10 , 171 P.3d 899, 903 (“The due process clauses of the United States and the Oklahoma Constitutions provide that certain substantive rights — life, liberty and property — cannot be deprived except by constitutionally adequate procedures.”) (notes omitted); Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring) ("It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 2017Arkansas Valley State Bank v. Phillips, 2007 OK 78, ¶10 , 171 P.3d 899, 903 (“The due process clauses of the United States and the Oklahoma Constitutions provide that certain substantive rights — life, liberty and property — cannot be deprived except by constitutionally adequate procedures.”) (notes omitted); Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 179 , 71 S.Ct. 624, 652 , 95 L.Ed. 817 (1951) (Douglas, J., concurring) ("It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 10 | 1994–2017 |
Ross v. Peters
green
2 sentences2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 2002–2002 |
Strelecki v. Oklahoma Tax Commission
green
1 sentence2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 2002–2002 |
McKeever Drilling Co. v. Egbert
green
2 sentences2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 2002Strelecki v. Oklahoma Tax Com'n, 1993 OK 122 , ¶ 23, 872 P.2d 910, 921 ; Ross v. Peters, 1993 OK 8, ¶ 16 , 846 P.2d 1107 , 1114 n. 29; McKeever v. Egbert, 1934 OK 763, ¶ 15 , 40 P.2d 32, 35-36 . [35] Joiner v. Brown, 1996 OK 112, ¶ 6 , 925 P.2d 888, 890 (citing Pryse Monument Company v. District Court of Kay County, 1979 OK 71, ¶ 5 , 595 P.2d 435, 438 ). "*** It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 2002–2002 |
Helminski v. Ayerst Laboratories
green
1 sentence1997If the trial court concludes that the party can comprehend the proceedings and assist counsel in any meaningful way, the party cannot be involuntarily excluded regardless of prejudicial impact; in such a case, cautionary instructions will protect the interests of the defendant in a fair trial." [48] Helminski, supra note 34 at 217, (quoting from McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 554 , 104 S.Ct. 845, 849 , 78 L.Ed.2d 663 (1984)). [49] "* * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 1997–1997 |
McDonough Power Equipment, Inc. v. Greenwood
green
2 sentences1997Helminski, supra note 34 at 217, (quoting from McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 554 , 104 S.Ct. 845, 849 , 78 L.Ed.2d 663 (1984)). . " * * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. 1997Helminski, supra note 34 at 217, (quoting from McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 554 , 104 S.Ct. 845, 849 , 78 L.Ed.2d 663 (1984)). . " * * * It is procedure that spells much of the difference between rule by law and rule by whim or caprice. | 1 | 1997–1997 |
Alexander v. King
green
2 sentences1941The difference between the rule in Texas and the rule prevailing in this jurisdiction with reference to property rights in oil and gas is very clearly shown in the case of Alexander v. King (C.C.A. 10th) 46 F. 2d 235 , 74 A.L.R. 174 , which action arose in this state. 1941The difference between the rule in Texas and the rule prevailing in this jurisdiction with reference to property rights in oil and gas is very clearly shown in the case of Alexander v. King (C.C.A. 10th) 46 F. 2d 235 , 74 A.L.R. 174 , which action arose in this state. | 1 | 1941–1941 |
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.