Uvalde Rock Asphalt Co. v. Asphalt Belt Ry. Co.

The original opinion in this case (262 S. W. 736) was written under the impression that it was purely a suit for injunction, but on motion for rehearing the *689claim is made that the petition contains all the necessary allegations for suit in trespass to try title, that there is prayer for general relief, and that therefore the injunction was only ancillary to the main cause of action and that the venue is governed by subdivision 14 of article 1830 of the Revised Civil Statutes. If the suit can he classed as one in trespass to try title, then the injunction would be ancillary to the main cause…