Tarde v. Benseman
Texas Supreme Court
Appeal from Medina. The case was tried before Hon. E. F. Buckner, one of the district judges. Benseman presented his petition to the district court, alleging that Tarde was keeping a billiard table, and had refused to pay the tax of fifty dollars, the license required by law.
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Appeal from Medina. The case was tried before Hon. E. F. Buckner, one of the district judges. Benseman presented his petition to the district court, alleging that Tarde was keeping a billiard table, and had refused to pay the tax of fifty dollars, the license required by law. Wherefore he sues him for $100. The defendant pleaded to the jurisdiction because of the amount; he also demurred, and pleaded the general issue, and that the billiard table was kept for another person, and in a private room, and not for profit. The motion to dismiss for want of jurisdiction was overruled. The plaintiff…
1Opinion of the CourtLindsay, J.
— This was a suit brought by the appellee, as *281relator, against the appellant, upon a penal statute prohibiting the keeping of a billiard table without having first obtained a license therefor.
The suit was brought by the assessor and collector in the character of an informer, as a qui tarn action, as is averred in the petition itself, in which he states he sues as well for the State of Texas as for hirhself. Certainly the assessor and collector might become the informer as well as another, and be entitled to one-half the penalty prescribed by the statute; and, being the real actor in this…
2Cited by5 opinions
- Jones v. WilliamsTexas Supreme Court · 1931
- American Liberty Pipe Line Co. v. AgeyCourt of Appeals of Texas · 1942
- Gibbs v. StateCourt of Criminal Appeals of Texas · 1898
- Ex Parte HutsellCourt of Criminal Appeals of Texas · 1915
- In re WatsonDistrict Court, D. Vermont · 1882