Appeal—Statutes Limiting Time for Taking are Jurisdictional.— Statutes limiting the time of appeal are jurisdictional and mandatory, and as the time within which a notice of appeal may be filed is fixed by law it cannot be enlarged by stipulation of the parties or order of court.

Id.—Order Refusing New Trial — Date of Entry — Alternative Method of Appeal—Presumption as to Date of Entry.—Where the record on appeal does not affirmatively show the date of the entry of an order denying a motion for a new trial, but only the date of its filing, and it was stipulated that the appellant should have five days after notice of the entry of the order within which to serve and file a notice of appeal therefrom, and such a notice was given on a day made certain by the record and the appeal was taken within five days thereafter, it will be presumed, in support of the appeal under the alternative method provided for by the act of March 20, 1907, that the order was not entered on the minutes of the court more than five days prior to the filing of the notice of appeal.

Id.,—Review of Pleadings and Findings.—On a mere appeal from an order denying a motion for a new trial, no question of the sufficiency of the pleadings, or of the findings to support the judgment can be considered.

Water-Rights—Appropriation—Abandonment—Conflict of Evidence. —In an action involving the question of the abandonment of a water-right acquired by appropriation, a finding against an abandonment will not be interfered with on appeal when the evidence with respect thereto is substantially conflicting.

Id.—Temporary Non-Use.—The mere temporary non-use by an appropriator of water during one year, without any intent to abandon his right, is not sufficient to constitute an abandonment of,the acquired right.

Id.—Evidence of Use of Water bt Appropriator.—In such an action evidence of the appropriator as to the fact of his use of the water after the date when it was claimed by the defendant that he had abandoned his right, and as to an arrangement made by him with a third person by which he authorized such person to use some of the water, was admissible upon the issues of abandonment and non-use.

Id.—Reopening Case after Submission.—It is discretionary for the trial court to permit the plaintiff to reopen his ease and introduce further evidence after the case had been submitted and before any decision had been rendered.