Johnson v. Rolls
Citation | 79 S.W. 513 |
Parties | JOHNSON v. ROLLS et al. |
Decision Date | 28 March 1904 |
Court | Supreme Court of Texas |
Gregg, Brown & Brooks, for appellant. Baker, Botts, Baker & Lovett, B. H. Gardner, Edgar Watkins, and Frank C. Jones, for appellees.
This is a certified question from the Court of Civil Appeals of the First District. The statement and question are as follows:
To the question propounded, we answer, there was no error in abating the suit.
Article 3380, Rev. St. 1895, was embraced in the act of the Legislature of 1887 (Laws 1887, p. 58, c. 79), the title to which reads as follows: "An act to regulate the sale of spirituous, vinous, or malt liquors, or medicated bitters; to fix a tax upon all persons or association of persons selling such liquors; to define the time and manner of collecting such tax; to fix penalties for the violation of this act, and to repeal all laws and parts of laws in conflict with the provisions of this act." The article referred to contains the following provisions: "Any person, etc., desiring to engage in the sale of spirituous, vinous or malt liquors," etc., "shall, before engaging in such occupation, be required to enter into bond in the sum of five thousand dollars, with at least two good, lawful and sufficient sureties, payable to the state of Texas, to be approved by the county judge, conditioned that said person," etc., "will not sell or permit to be sold in his or their house or place of business, nor give nor permit to be given, any spirituous, vinous or malt liquors," etc., "to any person under the age of twenty-one years; which said bond may be sued on at the instance of any person or persons aggrieved by the violation of its provisions, and such person shall be entitled to recover the sum of five hundred dollars as liquidated damages for each infraction of the conditions of such bond." This case does not fall within the terms of any of our statutory provisions for the survival of causes of action, and we must look to the common law for the rule of decision. Watson v. Loop, 12 Tex. 11. If the sum sued for is a penalty, there can be no controversy that at common law the cause of action died with the wrongdoer. Watson v. Loop, above cited. Therefore the question that arises in this case is whether the fact that the Legislature has declared the sum to be recovered upon the bond to be liquidated damages is to govern in determining its...
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Hofer v. Lavender, C-2552
...... Johnson v. Rolls, 97 Tex. 453, 79 S.W. 513 (1904); Johnson v. Farmer, 89 Tex. 610, 35 S.W. 1062 (1896); and, Watson v. Loop, 12 Tex. 11 (1854). That was ......
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Ppg Industries v. Jmb/Houston Centers, 01-0346.
...v. Puckett, 288 S.W.2d 122, 124 (Tex.Civ.App.-Fort Worth 1956), aff'd, 156 Tex. 456, 295 S.W.2d 894 (1956); see also Johnson v. Rolls, 97 Tex. 453, 79 S.W. 513, 514 (1904) (noting that at "common law all causes of action for damages die with the person of the party injured, or the person in......
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...of the general law licensing the retail sale of intoxicating liquors. State v. Eggerman & Co., 81 Tex. 571, 16 S. W. 1067; Johnson v. Rolls, 97 Tex. 453, 79 S. W. 513; Peavy v. Goss, 90 Tex. 89, 37 S. W. 317; State v. Savage, 105 Tex. 467, 151 S. W. 530; State v. Schuenemann, 18 Tex. Civ. A......
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