Cox v. Watelsky

ON MOTION FOR REHEARING.

COFFER, Chief Justice.

On a former day of the term the judgment in this case was affirmed in an oral opinion, but on motion for rehearing we have finally concluded that we were in error in so doing.

As originally instituted the suit was in the County Court by James Cox upon a liquor dealer’s bond, in statutory form, given by I. K. Watelsky and the other appellants as sureties. The breaches alleged, as we originally construed the petition, were substantially but two, to wit: that Watelsky’s agent had given and permitted the giving of beer, an intoxicating liquor, to one…