seems rule (Oklahoma) · Go Syfert
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seems rule in Oklahoma

8 Oklahoma opinions name it 1 courts 1910–1939 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 (1)

CaseFollowedCited
City of Norman v. Lewisgreen
okla · 1937 · cited in 1 Oklahoma opinions naming this issue, 1939–1939
2 sentences

1939See, also, City of Norman v. Lewis, 180 Okla. 344 , 69 P. 2d 377 ; Robinson Oil Corporation v. Davis, 171 Okla. 557 , 43 P. 2d 754 , and Ponca City v. Swayne, 174 Okla. 576 , 50 P. 2d 1082 .

1939See, also, City of Norman v. Lewis, 180 Okla. 344 , 69 P. 2d 377 ; Robinson Oil Corporation v. Davis, 171 Okla. 557 , 43 P. 2d 754 , and Ponca City v. Swayne, 174 Okla. 576 , 50 P. 2d 1082 .

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 (13)

CaseCitedYears
Robinson Oil Corp. v. Davis green
okla · 1935
2 sentences

1939See, also, City of Norman v. Lewis, 180 Okla. 344 , 69 P. 2d 377 ; Robinson Oil Corporation v. Davis, 171 Okla. 557 , 43 P. 2d 754 , and Ponca City v. Swayne, 174 Okla. 576 , 50 P. 2d 1082 .

1939See, also, City of Norman v. Lewis, 180 Okla. 344 , 69 P. 2d 377 ; Robinson Oil Corporation v. Davis, 171 Okla. 557 , 43 P. 2d 754 , and Ponca City v. Swayne, 174 Okla. 576 , 50 P. 2d 1082 .

11939–1939
Ponca City v. Swayne neutral
okla · 1935
2 sentences

1939See, also, City of Norman v. Lewis, 180 Okla. 344 , 69 P. 2d 377 ; Robinson Oil Corporation v. Davis, 171 Okla. 557 , 43 P. 2d 754 , and Ponca City v. Swayne, 174 Okla. 576 , 50 P. 2d 1082 .

1939See, also, City of Norman v. Lewis, 180 Okla. 344 , 69 P. 2d 377 ; Robinson Oil Corporation v. Davis, 171 Okla. 557 , 43 P. 2d 754 , and Ponca City v. Swayne, 174 Okla. 576 , 50 P. 2d 1082 .

11939–1939
Phillips Petroleum Co. v. Malone green
okla · 1937
2 sentences

1939In her argument she cites a number of authorities to support her contention, but only one Oklahoma *173 authority, which is Phillips Petroleum Co. v. Malone, 179 Okla. 449 , 66 P. 2d 5 ; this case holds in paragraph 1 of the syllabus as follows: “A view by the jury of property, the subject of the action, is discretionary with, the trial court, and his ruling thereon will not be reversed on appeal in the absence of a showing of abuse of discretion.” This seems to be the rule laid down by our court.

1939In her argument she cites a number of authorities to support her contention, but only one Oklahoma *173 authority, which is Phillips Petroleum Co. v. Malone, 179 Okla. 449 , 66 P. 2d 5 ; this case holds in paragraph 1 of the syllabus as follows: “A view by the jury of property, the subject of the action, is discretionary with, the trial court, and his ruling thereon will not be reversed on appeal in the absence of a showing of abuse of discretion.” This seems to be the rule laid down by our court.

11939–1939
Halsell v. Renfrow and Edwards green
okla · 1904
2 sentences

1934In the ease of Halsell v. Renfrow, 14 Okla. 674 , 78 P. 118 , it is declared that: ‘‘A memorandum to be sufficient under the statute of frauds must be complete in itself and leave nothing to rest in parol.” This seems to be a doctrine pronounced and adhered to by this court without exception and by numerous decisions.

1934In the ease of Halsell v. Renfrow, 14 Okla. 674 , 78 P. 118 , it is declared that: ‘‘A memorandum to be sufficient under the statute of frauds must be complete in itself and leave nothing to rest in parol.” This seems to be a doctrine pronounced and adhered to by this court without exception and by numerous decisions.

11934–1934
Barnes v. Crockett's Administrator green
va · 1910
2 sentences

1926Section 2, 29 Oyc. 1132, states the rule, under the head of “Novation,” as follows: “It is not essential that the assent to an acceptance of the terms of novation be shown by express words to that effect, but the same may be implied from_ the facts and circumstances attending the transaction, and the conduct of the parties thereafter.” This seems to be the rule adhered to in Jones v. Austin (Ind.) 59 N. E. 1082 ; Barnes v. Crockett. 111 Va. 240 , 68 S. E. 983 . 36 L.

1926Section 2, 29 Oyc. 1132, states the rule, under the head of “Novation,” as follows: “It is not essential that the assent to an acceptance of the terms of novation be shown by express words to that effect, but the same may be implied from_ the facts and circumstances attending the transaction, and the conduct of the parties thereafter.” This seems to be the rule adhered to in Jones v. Austin (Ind.) 59 N. E. 1082 ; Barnes v. Crockett. 111 Va. 240 , 68 S. E. 983 . 36 L.

11926–1926
Jones v. Austin neutral
indctapp · 1901
1 sentence

1926Section 2, 29 Oyc. 1132, states the rule, under the head of “Novation,” as follows: “It is not essential that the assent to an acceptance of the terms of novation be shown by express words to that effect, but the same may be implied from_ the facts and circumstances attending the transaction, and the conduct of the parties thereafter.” This seems to be the rule adhered to in Jones v. Austin (Ind.) 59 N. E. 1082 ; Barnes v. Crockett. 111 Va. 240 , 68 S. E. 983 . 36 L.

11926–1926
Meyer v. Richards green
scotus · 1896
2 sentences

1916A very thorough discussion of the subject is found in Meyer et al. v. Richards, 163 U. S. 385 , 16 Sup. Ct. 1148, 41 L.

1916A very thorough discussion of the subject is found in Meyer et al. v. Richards, 163 U. S. 385 , 16 Sup. Ct. 1148, 41 L.

11916–1916
Ebbs v. Commonwealth ex rel. Head green
pa · 1849
1 sentence

1915We find it stated in 34 Cyc. 1567, as follows: *449 “Thus it is very generally held'that if the defendant seizes the property without a bona fide claim or right, in bad faith, or under circumstances of aggravation or outrage, this would furnish a case for the exercise of the discretion of the jury in the allowance of exemplary or punitive damages, as in the case of a willful or malicious trespass ; and, on the other hand, plaintiff is entitled to damages of this character where there have been peculiar circumstances of outrage, oppression, and wrong in the taking or detention of the property.”

11915–1915
Pratt v. Pioneer-Press Co. green
minn · 1886
1 sentence

1911Pratt v. Pioneer-Press Company, 35 Minn. 251 , 28 N W. 708; Summer v. Utley, 7 Conn. 257 ; Simons v. Burnham, 102 Mich. 189 , 60 N W. 476.

11911–1911
Sumner v. Utley green
· 1828
1 sentence

1911Pratt v. Pioneer-Press Company, 35 Minn. 251 , 28 N W. 708; Summer v. Utley, 7 Conn. 257 ; Simons v. Burnham, 102 Mich. 189 , 60 N W. 476.

11911–1911
Simons v. Burnham neutral
mich · 1894
1 sentence

1911Pratt v. Pioneer-Press Company, 35 Minn. 251 , 28 N W. 708; Summer v. Utley, 7 Conn. 257 ; Simons v. Burnham, 102 Mich. 189 , 60 N W. 476.

11911–1911
Elder v. Kutner green
cal · 1893
2 sentences

1910Elder v. Kutner, 97 Cal. 490 , 32 Pac. 563 .

1910Elder v. Kutner, 97 Cal. 490 , 32 Pac. 563 .

11910–1910
Schrader v. Wolflin neutral
ind · 1863
1 sentence

1910Schrader v. Wolflin, 21 Ind. 238 .

11910–1910

Where else courts name it

NY 18 (1828–1957) TX 16 (1864–1958) IA 12 (1896–1954) IN 11 (1894–2013) MO 8 (1855–1951) FL 8 (1881–1965) OK 8 (1910–1939) NE 7 (1898–1955) AZ 6 (1923–1941) KY 5 (1876–1945) IL 5 (1866–1923) NC 4 (1906–1943) MD 4 (1950–2001) PA 4 (1904–1932) GA 4 (1918–1965) OR 4 (1892–1929) AR 4 (1917–1947) CO 4 (1895–1920) WA 4 (1903–1925) WI 4 (1886–1970) VT 3 (1849–1916) KS 3 (1889–1889) CA 3 (1954–1958) SD 3 (1910–1974) AL 3 (1913–1961) RI 2 (1905–1910) ID 2 (1871–1925) MA 2 (1843–1907) NJ 2 (1797–1918) VA 2 (1826–1982) WV 2 (1888–1944) NM 2 (1904–1944) MT 2 (1909–1924) LA 2 (1923–1954) WY 2 (1905–1954)

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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