State v. Fairbanks-Morse & Co.

*654On Rehearing.

YOUNG, Justice.

The State’s anti-trust suit for final injunction and penalties (against Fairbanks-Morse, $50 to $1,500' per day from January 1, 1938 to date of petition, June 9, 1948) is for all practical purposes a criminal action and subject to the same rules of strict construction. Ford Motor Co. v. State, 142 Tex. 5, 175 S.W.2d 230; also subject to the stringent rule of pleading applicable to injunctions “that ‘the aver-ments of material and essential elements must be sufficiently certain to negative every inference of the existence of facts under which petitioner would not be…