State v. Eggerman & Co.
Texas Supreme Court
This action was brought October 16, 1889, in the District Court of Parker County, by the county attorney of said county, in the name of the State of Texas, for the use and benefit of said county, against appellees Eggerman & Co., dealers in intoxicating liquors in quantities less than a quart, and E. W. Stoutsenberger and J. M. Haman, sureties on the bond of said Eggerman & Co., as such liquor dealers, to recover the statutory penalty of $500 for breach of said bond.
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This action was brought October 16, 1889, in the District Court of Parker County, by the county attorney of said county, in the name of the State of Texas, for the use and benefit of said county, against appellees Eggerman & Co., dealers in intoxicating liquors in quantities less than a quart, and E. W. Stoutsenberger and J. M. Haman, sureties on the bond of said Eggerman & Co., as such liquor dealers, to recover the statutory penalty of $500 for breach of said bond. Appellant alleged that Eggerman & Co. were from the 11th of March, 1889, to the filing of the suit engaged in the retail liquor…
1Opinion of the Court
STAYTON, Chief Justice.
This action was brought by the State of Texas against Eggerman & Co. and the sureties on their bond given as liquor dealers, to recover the penalty prescribed by law for keeping for profit, amusement, or other purposes a pool table at their place of business. The sum claimed being $500, the District Court held that under the Constitution it had no jurisdiction of the case, and dismissed it.
The Constitution provides that District Courts shall have jurisdiction “of all suits in behalf of the State to recover penalties, forfeitures, and escheats,” and this jurisdiction is…
2Cited by10 opinions
- Myers v. StateCourt of Appeals of Texas · 1907
- Quanah, A. & P. Ry. Co. v. R. D. Jones Lumber Co.Court of Appeals of Texas · 1915
- State of Texas v. SchuenemannCourt of Appeals of Texas · 1898
- State v. ComptonTexas Supreme Court · 1944
- Hill County v. AtchisonCourt of Appeals of Texas · 1898
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