Peacock v. Limburger

Decision Date19 March 1902
Citation67 S.W. 518
PartiesPEACOCK v. LIMBURGER et al.<SMALL><SUP>1</SUP></SMALL>
CourtTexas Court of Appeals

Appeal from district court, Bexar county; S. J. Brooks, Judge.

Action on a saloon keeper's bond by Wesley Peacock against August Limburger and others. From a judgment for defendants, plaintiff appeals. Reversed.

M. W. Davis and R. P. Ingrum, for appellant. Wm. Aubrey and J. R. Norton, for appellees.

JAMES, C. J.

Practically all the questions involved in this appeal were embodied in the certified questions to the supreme court, which have been answered by that honorable court favorably to the contentions of appellant. 66 S. W. 764, 4 Tex. Ct. Rep. 184. The nature of the case and of the material points are there fully indicated.

It is insisted by appellees' counsel that those portions of the statutes prohibiting, in effect, the sale of liquor to students of institutions of learning, deprive citizens of this state of their "equal rights, liberty, property, privileges, and immunities, and deny to persons within this state the equal protection of the laws, and, as such, are in violation of the provisions of the constitution of the state of Texas and of the United States." With this view we do not agree. The mandate in this case will be accompanied by a certified copy of the opinion of the supreme court.

Reversed and remanded.

1. Rehearing denied April 9, 1902.

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2 cases
  • State v. Cantwell
    • United States
    • Missouri Supreme Court
    • February 1, 1904
    ... ... People ... v. Lochner, 76 N.Y.S. 396; State v. Holden, 14 ... Utah 96; Holden v. Hardy, 169 U.S. 366; Peacock ... v. Limburger, 67 S.W. 518; Ex parte Northrup, 41 Ore ... 489; People v. Phyfe, 136 N.Y. 554; People v ... Havnor, 149 N.Y. 204; ... ...
  • McSween v. Board of School Trustees
    • United States
    • Texas Court of Appeals
    • April 9, 1910
    ...of the state, nor of section 1 of the fourteenth amendment to the Constitution of the United States, as contended by appellant. Peacock v. Limburger, 67 S. W. 518; Jacobson v. Mass., 197 U. S. 11, 25 Sup. Ct. 358, 49 L. Ed. 643; Mugler v. Kansas, 123 U. S. 623, 8 Sup. Ct. 273, 31 L. Ed. 205......

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