Legal Opinion

Horan v. Chief Justice of Travis County

Texas Supreme Court

Decided July 1, 1863PublishedCited by 2 opinions

Appeal from Travis, Tried below before the Hon. A. V-Terrell. This suit was instituted on the 29th of January, 1859, by Geo. H. Gray, Chief Justice of Travis county, against the appellant, Horan, and his sureties, upon his bond executed for license to retail spirituous liquors in the city of Austin.

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Appeal from Travis, Tried below before the Hon. A. V-Terrell. This suit was instituted on the 29th of January, 1859, by Geo. H. Gray, Chief Justice of Travis county, against the appellant, Horan, and his sureties, upon his bond executed for license to retail spirituous liquors in the city of Austin. This bond was in the penalty of $1,000, payable to “the Chief Justice of Travis county,” dated October 16th, 1858, and conditioned as prescribed by the act of February 2, 1856, providing among other things that the party licensed would “not permit any game or games to be played in his house,…

1Opinion of the CourtMoore, J.

The charge of the court clearly and forcibly presented to the jury the law applicable to the facts in the case, and is in strict accordance with the former decisions of this court on analogous questions. (Burditt v. The State, 9 Tex., 43; Pierce v. The State, 12 Tex., 210.) As is justly said by the counsel for appellee, “the object of the law in demanding a bond with a heavy penalty, from parties to whom a license to retail spirituous liquors is granted, is to separate and keep apart the vicious propensities to game, and to drink ardent spirits, so that the excitement of the one should not…

2Cases cited2 opinions

  1. Burdett v. StateTexas Supreme Court · 1852
  2. Pierce v. StateTexas Supreme Court · 1854

3Cited by2 opinions

  1. Walker v. TerrellCourt of Appeals of Texas · 1916
  2. Campbell v. StateSupreme Court of Alabama · 1876

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