elementary rule in Oklahoma

1958We have an authority directly in point to the question now under consideration in the case of In re Belt, 159 U.S. 95 , 15 S.Ct. 987 , 40 L.Ed. 88 .

1958We have an authority directly in point to the question now under consideration in the case of In re Belt, 159 U.S. 95 , 15 S.Ct. 987 , 40 L.Ed. 88 .

1959The case of McCarty v. State, 46 Okl.Cr. 332 , 287 P. 1053 was quoted, where it is said : “An information is sufficient if it pleads every element essential to charge the crime pleaded, in plain, concise, and intelligible language, and apprises the defendant in an intelligible way of precisely what he must be prepared to meet.” Judge Doyle, who wrote the opinion for the Court in the case of Harry v. State, supra [ 59 Okl.Cr. 302 , 58 P.2d 343 ], went on to say, however, in the body of the opinion': “It is an elementary principle in criminal jurisprudence that every material fact essential to t

1959The case of McCarty v. State, 46 Okl.Cr. 332 , 287 P. 1053 was quoted, where it is said : “An information is sufficient if it pleads every element essential to charge the crime pleaded, in plain, concise, and intelligible language, and apprises the defendant in an intelligible way of precisely what he must be prepared to meet.” Judge Doyle, who wrote the opinion for the Court in the case of Harry v. State, supra [ 59 Okl.Cr. 302 , 58 P.2d 343 ], went on to say, however, in the body of the opinion': “It is an elementary principle in criminal jurisprudence that every material fact essential to t

2007National Outdoor Advertising v. Kalkhurst, 1966 OK 85 , 418 P.2d 661 . 116 An acceptance must be absolute and unqualified; if qualified, it is a new proposal. 15 0.98.2001 § 71.

2007National Outdoor Advertising v. Kalkhurst, 1966 OK 85 , 418 P.2d 661 . 116 An acceptance must be absolute and unqualified; if qualified, it is a new proposal. 15 0.98.2001 § 71.

1998Matter of Estate of Hoobler, 1996 OK 56, n. 12 , 925 P.2d 13 , citing, Commodore Home Systems, Inc. v. Citicorp Acceptance Co., Inc., 1989 OK 46 , 780 P.2d 674, 678 ; 15 O.S.1991 § 106. [4] Plaintiffs' evidence was that they relied upon the representations of Apache both before and after they elected to participate pursuant to the pooling order.

1998Matter of Estate of Hoobler, 1996 OK 56, n. 12 , 925 P.2d 13 , citing, Commodore Home Systems, Inc. v. Citicorp Acceptance Co., Inc., 1989 OK 46 , 780 P.2d 674, 678 ; 15 O.S.1991 § 106. [4] Plaintiffs' evidence was that they relied upon the representations of Apache both before and after they elected to participate pursuant to the pooling order.

1979Boeing Company v. State, supra. When an *369 Alabama taxing statute was held unconstitutional, the Court held that the former statute, purportedly repealed by the new, remained in effect. “ ‘The elementary rule of statutory construction is without exception that a void act cannot operate to repeal a valid existing statute, and the law remains in full force and operation as if the repeal had never been attempted.’ ” Weissinger v. Boswell, 330 F.Supp. 615 (M.D.Ala., N.D.1971). 3 .The holding in Porter, supra, was recognized by the Supreme Court in Board of Education v. Board of Com'rs., 14 Okl.

1979Boeing Company v. State, supra. When an *369 Alabama taxing statute was held unconstitutional, the Court held that the former statute, purportedly repealed by the new, remained in effect. “ ‘The elementary rule of statutory construction is without exception that a void act cannot operate to repeal a valid existing statute, and the law remains in full force and operation as if the repeal had never been attempted.’ ” Weissinger v. Boswell, 330 F.Supp. 615 (M.D.Ala., N.D.1971). 3 .The holding in Porter, supra, was recognized by the Supreme Court in Board of Education v. Board of Com'rs., 14 Okl.

1979A statement of the facts constituting the cause of action, in ordinary and concise language, and without repetition.” This requirement that a petition in a civil action must allege the facts which entitle the pleader to relief is consistent with the expressed requirements for an accusation under 22 O.S.1971 § 1183 providing: “The accusation must state the offense charged, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.” In the case of Bates v. Old Mac Oil Co., 271 P.2d 315 (Okl.1954) this court s

1979Boeing Company v. State, supra. When an *369 Alabama taxing statute was held unconstitutional, the Court held that the former statute, purportedly repealed by the new, remained in effect. “ ‘The elementary rule of statutory construction is without exception that a void act cannot operate to repeal a valid existing statute, and the law remains in full force and operation as if the repeal had never been attempted.’ ” Weissinger v. Boswell, 330 F.Supp. 615 (M.D.Ala., N.D.1971). 3 .The holding in Porter, supra, was recognized by the Supreme Court in Board of Education v. Board of Com'rs., 14 Okl.

1979Boeing Company v. State, supra. When an *369 Alabama taxing statute was held unconstitutional, the Court held that the former statute, purportedly repealed by the new, remained in effect. “ ‘The elementary rule of statutory construction is without exception that a void act cannot operate to repeal a valid existing statute, and the law remains in full force and operation as if the repeal had never been attempted.’ ” Weissinger v. Boswell, 330 F.Supp. 615 (M.D.Ala., N.D.1971). 3 .The holding in Porter, supra, was recognized by the Supreme Court in Board of Education v. Board of Com'rs., 14 Okl.

1979Boeing Company v. State, supra. When an *369 Alabama taxing statute was held unconstitutional, the Court held that the former statute, purportedly repealed by the new, remained in effect. “ ‘The elementary rule of statutory construction is without exception that a void act cannot operate to repeal a valid existing statute, and the law remains in full force and operation as if the repeal had never been attempted.’ ” Weissinger v. Boswell, 330 F.Supp. 615 (M.D.Ala., N.D.1971). 3 .The holding in Porter, supra, was recognized by the Supreme Court in Board of Education v. Board of Com'rs., 14 Okl.

1979Boeing Company v. State, supra. When an *369 Alabama taxing statute was held unconstitutional, the Court held that the former statute, purportedly repealed by the new, remained in effect. “ ‘The elementary rule of statutory construction is without exception that a void act cannot operate to repeal a valid existing statute, and the law remains in full force and operation as if the repeal had never been attempted.’ ” Weissinger v. Boswell, 330 F.Supp. 615 (M.D.Ala., N.D.1971). 3 .The holding in Porter, supra, was recognized by the Supreme Court in Board of Education v. Board of Com'rs., 14 Okl.

1978Empire Oil & Refining Co. v. Chapman, 182 Okl. 639 , 79 P.2d 608 (1938); State v. North American Life Ins.

1978Empire Oil & Refining Co. v. Chapman, 182 Okl. 639 , 79 P.2d 608 (1938); State v. North American Life Ins.

1971State v. Bartley, 39 Neb. 353 , 58 N.W. 172 ; In Re Matthews, 109 F. 603 ; Ambler v. Whipple, 139 Ill. 311 , 28 N.E. 841 .

1971State v. Bartley, 39 Neb. 353 , 58 N.W. 172 ; In Re Matthews, 109 F. 603 ; Ambler v. Whipple, 139 Ill. 311 , 28 N.E. 841 .

1971State v. Bartley, 39 Neb. 353 , 58 N.W. 172 ; In Re Matthews, 109 F. 603 ; Ambler v. Whipple, 139 Ill. 311 , 28 N.E. 841 .

1971In Caroll v. State, Okl.Cr., 347 P.2d 812 , (1959) this Court stated: “It is an elementary principle in criminal jurisprudence that every material fact essential to the commission of a criminal offense must be alleged in the indictment or information.” It is therefore ordered that the conviction of the Fell and Wolfe Oil Company, in the County Court of Okmulgee County, Oklahoma, in case no. 6854, shall be reversed and remanded with instructions to dismiss.

1971State v. Bartley, 39 Neb. 353 , 58 N.W. 172 ; In Re Matthews, 109 F. 603 ; Ambler v. Whipple, 139 Ill. 311 , 28 N.E. 841 .

1971State v. Bartley, 39 Neb. 353 , 58 N.W. 172 ; In Re Matthews, 109 F. 603 ; Ambler v. Whipple, 139 Ill. 311 , 28 N.E. 841 .

1970Also, in Board of County Commissioners of Canadian County v. State Highway Commission, 176 Okl. 207 , 55 P.2d 106 , it was held: "It is an elementary rule of law that governmental duties or power cannot be contracted away. . . ." The rule stated in Brown v. State Election Board, supra, applied.

1970Also, in Board of County Commissioners of Canadian County v. State Highway Commission, 176 Okl. 207 , 55 P.2d 106 , it was held: "It is an elementary rule of law that governmental duties or power cannot be contracted away. . . ." The rule stated in Brown v. State Election Board, supra, applied.

1966Hartzell v. Choctaw Lumber Co. of Delaware et al., 163 Okl. 240 , 22 P.2d 387 ; Georgia State Savings Ass’n of Savannah, Ga. v. Elias, 192 Okl. 227 , 135 P.2d 36 ; Sims v. United Bridge and Iron et al., Okl., 402 P.2d 911 .

1966Hartzell v. Choctaw Lumber Co. of Delaware et al., 163 Okl. 240 , 22 P.2d 387 ; Georgia State Savings Ass’n of Savannah, Ga. v. Elias, 192 Okl. 227 , 135 P.2d 36 ; Sims v. United Bridge and Iron et al., Okl., 402 P.2d 911 .

1966Hartzell v. Choctaw Lumber Co. of Delaware et al., 163 Okl. 240 , 22 P.2d 387 ; Georgia State Savings Ass’n of Savannah, Ga. v. Elias, 192 Okl. 227 , 135 P.2d 36 ; Sims v. United Bridge and Iron et al., Okl., 402 P.2d 911 .

1966Hartzell v. Choctaw Lumber Co. of Delaware et al., 163 Okl. 240 , 22 P.2d 387 ; Georgia State Savings Ass’n of Savannah, Ga. v. Elias, 192 Okl. 227 , 135 P.2d 36 ; Sims v. United Bridge and Iron et al., Okl., 402 P.2d 911 .

1966Hartzell v. Choctaw Lumber Co. of Delaware et al., 163 Okl. 240 , 22 P.2d 387 ; Georgia State Savings Ass’n of Savannah, Ga. v. Elias, 192 Okl. 227 , 135 P.2d 36 ; Sims v. United Bridge and Iron et al., Okl., 402 P.2d 911 .

1959The case of McCarty v. State, 46 Okl.Cr. 332 , 287 P. 1053 was quoted, where it is said : “An information is sufficient if it pleads every element essential to charge the crime pleaded, in plain, concise, and intelligible language, and apprises the defendant in an intelligible way of precisely what he must be prepared to meet.” Judge Doyle, who wrote the opinion for the Court in the case of Harry v. State, supra [ 59 Okl.Cr. 302 , 58 P.2d 343 ], went on to say, however, in the body of the opinion': “It is an elementary principle in criminal jurisprudence that every material fact essential to t

1958We are familiar with former decisions in Morrison v. Fry, 208 Okl. 239 , 255 P.2d 270 ; Lowden v. Oklahoma County Excise Board, 186 Okl. 706 , 100 P.2d 448 , and Bell v. Crum, 188 Okl. 67 , 106 P.2d 518 , cited in brief of defendant in 'error.

1958We are familiar with former decisions in Morrison v. Fry, 208 Okl. 239 , 255 P.2d 270 ; Lowden v. Oklahoma County Excise Board, 186 Okl. 706 , 100 P.2d 448 , and Bell v. Crum, 188 Okl. 67 , 106 P.2d 518 , cited in brief of defendant in 'error.

1958We are familiar with former decisions in Morrison v. Fry, 208 Okl. 239 , 255 P.2d 270 ; Lowden v. Oklahoma County Excise Board, 186 Okl. 706 , 100 P.2d 448 , and Bell v. Crum, 188 Okl. 67 , 106 P.2d 518 , cited in brief of defendant in 'error.

1958We are familiar with former decisions in Morrison v. Fry, 208 Okl. 239 , 255 P.2d 270 ; Lowden v. Oklahoma County Excise Board, 186 Okl. 706 , 100 P.2d 448 , and Bell v. Crum, 188 Okl. 67 , 106 P.2d 518 , cited in brief of defendant in 'error.

1958We are familiar with former decisions in Morrison v. Fry, 208 Okl. 239 , 255 P.2d 270 ; Lowden v. Oklahoma County Excise Board, 186 Okl. 706 , 100 P.2d 448 , and Bell v. Crum, 188 Okl. 67 , 106 P.2d 518 , cited in brief of defendant in 'error.

1958We are familiar with former decisions in Morrison v. Fry, 208 Okl. 239 , 255 P.2d 270 ; Lowden v. Oklahoma County Excise Board, 186 Okl. 706 , 100 P.2d 448 , and Bell v. Crum, 188 Okl. 67 , 106 P.2d 518 , cited in brief of defendant in 'error.

1946Messick v. Johnson, 167 Okla. 463 , 30 P. 2d 176 ; Am.

1946Messick v. Johnson, 167 Okla. 463 , 30 P. 2d 176 ; Am.

1945We said in Tidal Oil Company v. Pease, 153 Okla. 137 , 5 P. 2d 389 , that it was not the intent or purpose of that act to prevent the owner of land from contracting with another to flow the forbidden substances upon or over his land.

1945We said in Tidal Oil Company v. Pease, 153 Okla. 137 , 5 P. 2d 389 , that it was not the intent or purpose of that act to prevent the owner of land from contracting with another to flow the forbidden substances upon or over his land.

1943But if the facts show that such application is made solely in order to preserve the right of a party to deny such jurisdiction, there is no reason to presume a waiver of such right or an intent to submit to such jurisdiction. ‘It is an elementary principle of jurisprudence that a court of justice cannot acquire jurisdiction over the person of one who has no residence within its territorial jurisdiction except by actual service of notice within the jurisdiction upon him, or upon some one authorized to accept service in his behalf, or by his waiver, by general appearance or otherwise, of the wan

1943But if the facts show that such application is made solely in order to preserve the right of a party to deny such jurisdiction, there is no reason to presume a waiver of such right or an intent to submit to such jurisdiction. ‘It is an elementary principle of jurisprudence that a court of justice cannot acquire jurisdiction over the person of one who has no residence within its territorial jurisdiction except by actual service of notice within the jurisdiction upon him, or upon some one authorized to accept service in his behalf, or by his waiver, by general appearance or otherwise, of the wan