Matagorda County Drainage Dist. No. 5 v. Borden

This is the second appeal to this court in this "litigation over the same subject-matter and between the same parties. The first appeal, reported in 181 S. W. 780 (Matagorda County Drainage District No. 5 v. Borden, et al.), was from an order of the district judge granting a temporary injunction in this case, said order and judgment having been affirmed in this court in an opinion reported in the cited volume of the Southwestern Reporter. The case was later, at the January, 1916, term of the district court of Matagorda county, tried on its merits upon an amended petition filed by appellees…