Hatton

This is an appeal by defendant from a judgment enjoining defendant from destroying plaintiffs’ fences on certain described lands of plaintiffs, and also from cutting down, digging up, removing or destroying any willow trees, brush or undergrowth standing or growing on plaintiffs’ said lands.

The lands of plaintiffs involved in this action include the same land in controversy in the action between the same parties and numbered 313, and the appeal in which we have this day determined. The two actions were tried together, and the same point as to the effect of a view of the premises by the judge of the trial court is made in this action as was made in the action No. 313, and for the same reason we hold the point untenable.

Other points are also made by the appellant upon this appeal.

The complaint, among other things, alleges that defendant, at various times in the months of August and September, 1902, cut down, dug up, and destroyed willow trees and brush standing and growing on the lands of plaintiffs bordering on the bank of Carmel river, and threatens to continue so to do. This allegation is followed by others to the effect that the destruction of said trees and brush will…