Beaudry

The plaintiff made an application to the court below for an injunction pendente lite in this action, and, after a hearing on an order to show cause why said application should not be allowed, an order granting a preliminary injunction was made by the court. From the order granting said injunction this appeal is presented.

The evidence upon which the order appealed from was made consisted of the verified complaint of the plaintiff and two affidavits, filed by defendant, in opposition to the application for the provisional relief asked for.

The purpose of the action is to secure a decree adjudging the plaintiff the owner of the lands described in the complaint and that they are riparian to the South Fork of Scott river, in Siskiyou county; that the plaintiff is the owner and entitled to the possession of three thousand five hundred inches, measured under a four-inch pressure, of the waters of the said South Fork of Scott river, and the tributaries thereof, etc.; that the defendant be perpetually enjoined “from erecting and maintaining or erecting or maintaining any dam in the South Fork of Scott river, or any of the tributaries thereof above the lands of plaintiff, and that he may…