The Praetorians v. State

1937 OK 481, 72 P.2d 335, 181 Okla. 70, 1937 Okla. LEXIS 36

Opinion

WELCH, J.

This action was commenced to recover an alleged back tax indebtedness from the defendant, The Praetorians, a corporation, la fraternal beneficiary association, incorporated and domiciled in Texas, and doing business in this state.

The material facts and issues are the same as were involved in the case of Royal Neighbors of America v. State, 181 Okla. 63, 72 P. (2d) 325, this day decided.

The decision in that case is controlling here, and upon that authority we hold that the -defendant here is not liable.

The judgment of the tri'al court is therefore reversed, and the cause remanded, with directions to dismiss.

BAYLESS, Y. C. X, and PHELPS. CORN, GIBSON, HURST, and DAVISON, JX, concur. OSBORN, O. J-, dissents. RILEY, J., not participating.