Land

This is an appeal from an order denying defendant’s motion for a new trial in an action brought by plaintiffs to obtain a decree adjudging that plaintiffs are the owners of certain waters running in the north or east branch of a ravine in Placer County known as Mormon ravine, to the extent of twenty-five inches, miner’s measure, and restraining defendant from interfering with, diverting or using any of said waters in such a way. as to prevent the flow of such quantity of water to the heads of plaintiffs’ ditches. The judgment was in favor of plaintiffs, and restrained defendant to the extent asked in the complaint.

There is some question whether we have jurisdiction of this appeal. The order denying defendant’s motion for a new trial was a written order signed by the judge, and this, the record shows, was filed with the clerk of the superior court on June 1,1907. The appeal was not taken until June 1, 1908. Reliance was apparently placed upon a stipulation of the parties that the defendant should have five days after notice of the entry of the order denying the motion for a new trial within which to serve and file a notice of appeal from such order. Such notice was not given…