Appeal—Judgment-Boll—Absence op Exceptions or Evidence—Finding.—Upon an appeal taken upon the judgment-roll, without any-statement or bill of exceptions, the judgment cannot be reversed: where no fatal error appears on the face of the judgment-roll. A. finding of fact upon such appeal must be held conclusive if there-is no contradictory finding upon the subject.

Id.—Water-Rights—Finding as to Slough—Consistency op Findings^ —Upon an appeal so taken from a judgment determining water-rights in the San Joaquin River, a finding that Fresno Slough, upon, which the lands of a defendant border, was no part of said river, but was a part of Bangs River, is conclusive as to that fact, and is-not inconsistent with a finding that at certain stages of the river, or at certain times, some of the water of the San Joaquin River-will flow into the slough, and when the level changes will flow back, into such river.

Id.—Need op Water—Occasional Overplow—Construction op Findings.—A finding that plaintiff corporation has need of the water of the San. Joaquín River appropriated by it is not affected by the further finding that at certain times in each year the river for a short time overflows its hanks on to defendants’ lands, thus wetting and benefiting the same, and such findings do not show that defendants are entitled to divert some of the water of the river because not needed by plaintiff.

:Id.—Finding of Want of Evidence—Increase of Flow—Reservation in Judgment—Defendants not Prejudiced.—A finding that at certain times there is an increase of the flow of the water in the river over ordinary stages, but that there is no evidence before the court whereby it can be determined at what stages of the waters thereof at such times, if at all, water can he diverted therefrom without injury or danger to the plaintiff, and a reservation to the defendants in the judgment of the right to bring an action for the determination of that question, are not prejudicial to the appellants, and are not ground of reversal of the judgment.

.Id.—Appeal from Order Granting New Trial—Conflict of Evidence. —Upon appeal from an order granting a new trial, generally, where one of the specifications is for insufficiency of the evidence, the order will he affirmed if there is fairly conflicting evidence as to any material finding of fact; and where the evidence is fairly conflicting as to the finding that Fresno Slough was no part of the San Joaquin River, the order must be affirmed.