Conaway

This is an action by plaintiffs, owners of certain lands lying at the mouth of a watercourse situated in Yolo County known as Willow slough, seeking to enjoin defendant Yolo Water & Power Company, a corporation, and about 80 other defendants, from unlawfully draining into said watercourse after use for irrigation water theretofore conducted into this watershed from Cache Creek.

Appellants have presented a brief in three volumes, which with the appendix covers some 2,500 pages. We mention it because it is admirably arranged, indexed, and cross-indexed and is worthy of imitation; besides it contains a full presentation of the law respecting the many issues raised. But in our view the appeal is determined adversely to them by a rule of public policy in the nature of an estoppel specially pleaded by the defendants.

We are also of the view that the complaint on its face shows this want of equity: The issues made by it were not enlarged to any extent by the answer or otherwise. Defendants answered with general and certain special defenses but asked no affirmative relief of any kind. It is proper, therefore, to consider the legal effect of the material allegations of the complaint,…