Waltrip v. State

GRISSOM, Justice.

The State of Texas instituted this suit, alleging, in substance, that J. M. Waltrip was maintaining a house in a dry area where he sold and permitted the sale of “intoxicating liquor”, “malt liquor”, “whiskey”, etc., in violation of law, thereby maintaining a common nuisance.' The prayer was (1) that the described premises be padlocked.; (2) that Waltrip be enjoined from maintaining the alleged common nuisance; and (3) for general relief.

The State of Texas will be hereinafter referred to as plaintiff and J. M. Waltrip as defendant.

Upon a trial to the court, judgment was…