James

The defendants appeal upon the judgment-roll alone from a judgment whereby plaintiffs were adjudged entitled to a continuous flow of water from the San Joaquin River of 1,360 feet per second, diverted through plaintiffs’ main and outside canals, and superior to the riparian or other rights of the defendants. The same parties plaintiffs and defendants, or their predecessors, were plaintiffs and defendants, respectively, in prior litigation over their relative water rights in and to water flowing in the San Joaquin River, wherein it was adjudged that the respondents were entitled to a flow of 760 cubic feet per second. The principal point involved on this appeal is whether or not the previous decision precludes the adjudication of a greater right than 760 cubic feet a second in this litigation. The question turns, in part, upon a stipulation made by the parties in the previous case, which stipulation was incorporated into and made a part of the decision therein, and which decision and judgment are incorporated into and made a part.of the decision in this case. To an understanding of the situation it is necessary to state some of the facts in relation to the litigation between the…