Roosth v. State

The state of Texas and the Railroad Commission, on January 26, 1934, filed this suit in the district court of Gregg county against Sam Roosth and Benny Roosth, who were alleged to be residents of Smith county, Tex., to recover statutory penalties for alleged violations of orders of the Railroad Commission for the prevention of "waste" in the East Texas Oil Field. Upon trial without a jury judgment was rendered in favor of the state against Sam Roosth for $5,000, who appeals.

Appellant presents two assignments of error. The first complains of the overruling of a special exception to the…