Gabel v. City of Houston
Texas Supreme Court
Appeal from Harris. The case was tried before Hon. Petee W. Gray, one of the district judges. Peter Gabel was a lager-beer distiller and seller of the beverage in the city of Houston.
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Appeal from Harris. The case was tried before Hon. Petee W. Gray, one of the district judges. Peter Gabel was a lager-beer distiller and seller of the beverage in the city of Houston. Peter partook of the. notion, quite prevalent among a large and influential class all over the United States, that whatever may be lawfully done on week days may be done on Sundays; and that all laws restricting the vending of liquors and other drinks on Sunday, and drinking and jollifying over them, are infringements upon liberty and natural right; that they violate the rights of conscience and of religion; and…
1Opinion of the CourtSmith, J.
A motion to quash the writ of certiorari for want of sufficient cause in the petition must be made at the first term of the court, and a motion made at a subsequent term will not be entertained. (6 Tex., 234; 12 Tex., 31; 5 Tex., 570.) In this cause no motion was made in the district court to quash, and we think it too late to make objections of that character for the first time in this court.
The defendant below was charged with having sold malt liquors in a public house in Houston, on Sunday, contrary to an ordinance of the city prohibiting it, which reads as follows:
“If any person or…
2Cases cited4 opinions
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- O'Brien v. DunnTexas Supreme Court · 1851
- Nash v. GeorgeTexas Supreme Court · 1851
- Mowery v. LawsonTexas Supreme Court · 1854
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- State v. NicholsWashington Supreme Court · 1902
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- State ex rel. Walker v. Judge of Section "A," Criminal District CourtSupreme Court of Louisiana · 1887
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