Alta Vista Creamery Co. v. Jackson

TIREY, Justice.

This is an appeal by Alta Vista Creamery ■Company, a corporation, a resident of Tar-rant County, Texas, from a judgment overruling its plea of privilege.

Point 1 is: “It was error to overrule the plea of privilege where appellee sued for conversion of a McCormick-Deering milk cooler which he alleged he owned, but the proof was as to the conversion of a General Electric cooler in which he owned a one-half interest.”

Point 2 is: “Venue must depend upon the petition and a different cause of action may' not be set up in the controverting affidavit.”

The appellee by his petition sought…