Small v. State

Court of Appeals of Texas

Small v. State

360 S.W.2d 443, 1962 Tex. App. LEXIS 2721

CourtCourt of Appeals of Texas

DecidedSeptember 6, 1962

DocketNo. 3988

StatusPublished

Cited by1 cases

This text of 360 S.W.2d 443 (Small v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Small v. State, 360 S.W.2d 443, 1962 Tex. App. LEXIS 2721 (Tex. Ct. App. 1962).

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Opinion

WILSON, Justice.

Appellants say the temporary injunction restraining them from conducting for profit a commercial day care center without a license is unauthorized because Art. 695c, Sec. 8(a) subd. 11, Vernon’,s Ann.Civ.Tex. Stát., provides that the operation may be enjoined only “for cause,” and not for mere failure to obtain a license.

Art. 695c, Sec. 8(a), subd. 2 requires that such facility “shall obtain a license to operate.”- The Act does not make its violation in this respect a-penal offense, nor does it prescribe a penalty. Subds. 7 and 9 contain provisions concerning regulation of denial and granting of licenses. The statute was enacted for the protection of children and for the public welfare, and [444]*444in its observance the public has an interest. In our opinion the court was empowered to grant the injunction. Rule 693, Texas Rules of Civil Procedure; Hexter Title & Abstract Co. v. Grievance Committee, 142 Tex. 506, 179 S.W.2d 946, 949, 157 A.L.R. 268; Nichols v. Park, Tex.Civ.App., 119 S.W.2d 1066; State ex rel. Jackson v. Lindsay, 85 Kan. 192, 116 P. 207, 35 L.R.A., N.S., 810; 17 Words & Phrases, “For Cause”, pp. 344, 346; 81 A.L.R. 292; 43 C.J.S. Injunctions § 122, p. 663; 28 Am. Jur. Sec. 165, p. 666.

Affirmed.

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WILSON, Justice.

Appellants say the temporary injunction restraining them from conducting for profit a commercial day care center without a license is unauthorized because Art. 695c, Sec. 8(a) subd. 11, Vernon’,s Ann.Civ.Tex. Stát., provides that the operation may be enjoined only “for cause,” and not for mere failure to obtain a license.

Art. 695c, Sec. 8(a), subd. 2 requires that such facility “shall obtain a license to operate.”- The Act does not make its violation in this respect a-penal offense, nor does it prescribe a penalty. Subds. 7 and 9 contain provisions concerning regulation of denial and granting of licenses. The statute was enacted for the protection of children and for the public welfare, and [444]*444in its observance the public has an interest. In our opinion the court was empowered to grant the injunction. Rule 693, Texas Rules of Civil Procedure; Hexter Title & Abstract Co. v. Grievance Committee, 142 Tex. 506, 179 S.W.2d 946, 949, 157 A.L.R. 268; Nichols v. Park, Tex.Civ.App., 119 S.W.2d 1066; State ex rel. Jackson v. Lindsay, 85 Kan. 192, 116 P. 207, 35 L.R.A., N.S., 810; 17 Words & Phrases, “For Cause”, pp. 344, 346; 81 A.L.R. 292; 43 C.J.S. Injunctions § 122, p. 663; 28 Am. Jur. Sec. 165, p. 666.

Affirmed.

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360 S.W.2d 443, 1962 Tex. App. LEXIS 2721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/small-v-state-texapp-1962.

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