State Ex Rel. Tax Commission v. Fugatt

This cause presents an appeal from the district court of Oklahoma county, where a demurrer was sustained to the testimony offered on the part of the Oklahoma Tax Commission in an action against a gasoline distributor and the surety on his bond for recovery of gasoline excise tax alleged to be due the state from such distributor.

There was evidence before the court to the following effect: Fugatt had during the time involved, to wit, from August 4, 193], to May, 1935, been a duly licensed distributor of gasoline under bond of $3,000 executed by National Surety Corporation, as provided by the…