Ex Parte Ogden
| Decision Date | 18 October 1911 |
| Parties | Ex parte OGDEN et al. |
| Court | Texas Court of Criminal Appeals |
C. M. Chambers, for relators. C. E. Lane, Asst. Atty. Gen., for the State.
It appears that on the 6th day of June, 1911, the district court of the Forty-Fifth judicial district entered an order enjoining and restraining the Gran Circulo de Obrereos, a corporation, M. G. Dena, F. Acosta, Antonio Ogden, Eugene Ogden, and Newton Zimmerman from selling intoxicating liquors without a license at 209-211 Santa Rosa avenue, or any other place in Bexar county, and from conducting or permitting the playing of games with cards, in violation of the law of the state of Texas, at said place, 209-211 Santa Rosa avenue, in the city of San Antonio, or at any other place in Bexar county, Tex., and that thereafter a motion was made to adjudge relators in contempt of that portion of said order which enjoined the said relators from conducting or permitting the playing of games with cards, in violation of the law, at said 209-211 Santa Rosa avenue, or any other place in Bexar county, Tex., alleging that, notwithstanding said order and judgment, relators, on or about the 16th day of June and on divers dates subsequent thereto, did conduct and permit games with cards, in violation of the law of this state, to be conducted in Bexar county, Tex.
The testimony on said hearing would show that no game of cards was played at 209-211 Santa Rosa avenue, but that relators did conduct and permit games of cards to be played in the building adjoining the above-named buildings, to wit, at 207 Santa Rosa avenue, and in a building on Monterey street. The evidence would show that these relators vacated the buildings situate on 209-211 Santa Rosa avenue immediately upon the entry of the judgment enjoining them from conducting said business in said buildings, and moved, with all their paraphernalia, to 207 Santa Rosa avenue, and engaged in conducting games with cards, such as poker, monte, etc. The court hearing the motion ordered relators confined in jail for three days, and assessed against each of them a fine of $100, on the 26th day of June, 1911, adjudging them guilty of contempt of the orders of the court. On the said 26th day of June, 1911, relators swore out an application for a...
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Ex Parte Alderete
...3 Tex. App. 247; Ex parte Coffee, 72 Tex. Cr. R. 209, 161 S. W. 975; Ex parte Dena, 63 Tex. Cr. R. 379, 140 S. W. 346; Ex parte Ogden, 63 Tex. Cr. R. 380, 140 S. W. 345. Where one is held in contempt proceedings on a verbal order and obtains from this court a writ of habeas corpus, the cour......
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Ex parte Palmateer, A-3370
...of contempt the relator was discharged because there was not issued and delivered to the sheriff a written commitment. In Ex parte Ogden, 63 Tex.Cr.R. 380, 140 S.W. 345, the relator was imprisoned under a verbal order. Later during the term the court entered a written order, but no written ......
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Ex Parte Dena
...assessed at three days' imprisonment in the county jail and a fine of $100 each. This is a companion case to that of Ex parte Eugene and Antonio Ogden, 140 S. W. 345, decided at this term of court, and the facts therein recited apply to this case, except that these relators were adjudged gu......