Whitfield v. Terrell Compress Co.

GARRETT, Chief Justice.

This action was brought by the appellant, a public weigher, to recover of the appellees the penalty of $5 a bale for cotton which the appellant alleged the appellees had employed others than the public weigher to weigh. A demurrer to the petition was sustained and judgment final was rendered against the appellant upon his declining to amend.

The material allegations of the petition are as follows: That plaintiff is and was at the dates hereinafter mentioned the duly elected, qualified, and acting public weigher for the town of Terrell in said Kaufman County, Texas, and…