McGuirt v. Sandridge

On Rehearing.

O’NEAL, J.

In their petition for rehearing plaintiffs in error, for the first time, contend the trial court erred in rendering judgment for defendant in error for the reason she did not allege and prove that the obligation sued on had been listed for taxation, and taxes paid on same, as required by the Intangible Tax Law, 68 O.S. 1941 §§1501, 1509, and 1515. This contention is without merit. The obligation sued on is a procedural bond. Liability on a procedural bond is contingent, and not .subject to the provisions of the Intangible Tax Law.

In 51 Am. Jur., Taxation, §425,' p. 446,…