Boone

The findings in this case being generally in favor of the defendants, and the judgment wholly in favor of the defendants, the question presented on this appeal is whether the fact that reference is made in the findings to an exhibit introduced in evidence at the trial creates an inconsistency the force of which is given no effect in the judgment.

Finding number nine in its general effect is that the plaintiff had no right whatever in the waters of the river as against defendants except as to and subject to an agreement, plaintiff’s exhibit “C”. Finding number twelve determines that the use of the waters by defendants was adverse to plaintiff except as provided by and subject to agreement of arbitration, plaintiff’s exhibit “C”. Finding number thirteen relates to a custom existing along the stream which gave to defendants the right to the waters of the river to the exclusion of the plaintiff, but this language is used: “It is true that the agreement referred to and described in paragraph II of the fourth defense of defendants Doyle Cattle Company, . . . was executed as set forth in paragraph II of said fourth defense in the answer of said parties to the amended complaint; but it…