4 Willson 421 | Tex. App. | 1891
Opinion by
§ 247. Liquor dealer’s bond; suit by state to recover penalty for breach of; jurisdiction of county court. This action was brought in the county court of Parker county on January 3,1890, by the county attorney of said county, in the name of the state of Texas, for the use and benefit of said county, against E. W. Stoutsenberger, a retail liqm dealer, and Charles Scheuber, C. M. Garb and Eggerman & Co., sureties on his bond as such-, to recover the statutory penalty of $500 f of the breach of such bond. The appellant alleged the execution by the appellees of the bond required by the general laws of persons engaging in the sale of spirituous, vinous and malt liquors, and medicated bitters producing intoxication, in quantities less than a quart; the approval of such bond by the county judge, and its subsequent delivery to and filing by the clerk of the county; alleging that said bond, among other things, was conditioned that appellee Stoutsenberger would not keep, or permit to be kept, for profit, amusement or other purposes, in or about his place of business, any pool table; that, in violation of said condition of the bond', the appellee Stoutsenberger, being engaged in the sale of intoxicating liquors in quantities less than a quart, in said Parker county, did keep, and permit to be kept, for profit, amusement and other purposes, in his said place of business, a certain pool table. Prayer for $500 penalty. Appellees answered by plea to the jurisdiction of the court, general denial, special demurrer and general
Appellant assigned the following errors, the second and third of which are asked to be considered together: (1) “The court erred in sustaining defendants’ general demurrer [exceptions] to plaintiff’s original petition, because said petition states a complete cause of action.” (2) “The court erred in sustaining defendants’ general exception to plaintiff’s petition, because ‘ pool tables ’ are prohibited by the conditions of defendants’ bond from being run or kept in a retail liquor saloon.” (3) “The court erred in sustaining defendants’ general exception to. plaintiff’s petition, because by law the conditions of a retail liquor dealer’s bond are provided, and defendants having entered into said bond, one of the conditions of said bond being that the principal will not keep or permit to be kept, in or about his place of business, for profit, amusement or other purposes, any pool table, the mere fact that he keeps said table for profit or other purposes is a breach of the conditions of said bond, and the penalty may be recovered by the state.”
Affirmed.