McPherson

The defendant, Alta Irrigation District, is a public corporation, organized under what is commonly known as the Wright Act, and the other defendants were-directors of said corporation during the time when the acts complained of were committed. As stated by respondent, the plaintiff is the successor in title and estate to the Visalia Savings Bank. By the latter an action was begun in 1897 in the superior court of Tulare county against the said district in which a judgment was obtained by plaintiff, providing, among other things, that the defendant “forthwith place on the upper side of its said ditch, at the intersection of said ditch with the principal channel of said creek (Sand creek), a suitable wasteway or weir' for the reception of said waters of said stream which may flow down the same at times of high water, and that said wasteway be at least one hundred feet in width, and that said defendant forthwith place on the lower side of its said ditch at said point a wasteway for the purpose of permitting the waters of said stream to escape from said ditch into the channel of said stream below said ditch and that said wasteway be at least one hundred feet in width.” It appears that…