Coltharp v. State

O’QUINN, Justice.

The State of Texas, through the Alcoholic Beverage Commission, brought this suit in March of 1976, seeking collection of more than $79,000 in alleged deficiencies in payments of beverage taxes plus penalties, against James H. Coltharp, doing business as several named holders of mixed beverage permits, and the surety companies, Western Surety Company and United States Fidelity and Guaranty Company.

By subsequent amended petition, in 1977, the State increased the amount sued for, named an additional permit holder, and adopted a form of verification, in conformity with Section…