Legal Opinion

Holly v. Simmons

Texas Supreme Court

Decided October 23, 1905No. 1466PublishedCited by 3 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Wichita County. Simmons sued Holly & Company on their bond as liquor dealers and recovered. Defendant appealed, and on affirmance obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

This action was brought by defendant in error, Simmons, to recover of plaintiffs in error, as obligors on a retail liquor dealer’s bond, penalties for several breaches of the conditions of the obligation. The plaintiff sought to recover six penalties of $500 each, aggregating $3,000. The alleged infractions were, (1) selling in the dealer’s place of business intoxicating liquor to one Earl Simmons, a minor son of the plaintiff; (2) permitting liquor to be given in such place of business to the minor; (3) permitting the minor to enter and remain in the dealer’s place of…

2Cases cited2 opinions

  1. Tinkle v. SweeneyTexas Supreme Court · 1903
  2. Peacock v. LimburgerTexas Supreme Court · 1902

3Cited by3 opinions

  1. St. Louis, S. F. & T. Ry. Co. v. GilliamCourt of Appeals of Texas · 1914
  2. Johnson v. Ft. Worth Driving ClubCourt of Appeals of Texas · 1913
  3. Johnson v. Ft. Worth Driving ClubCourt of Appeals of Texas · 1912

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