Mayor

delivered the opinion of the court. Heydenfeldt, Justice, concurred.

In this action, judgment was rendered in this court at the October Term, reversing the judgment of the court below, with costs. On a rehearing, at the last January Term, the former decision of the court was affirmed, with costs, and as the defendant set up an ownership in the landings on the Yuba River, the case was remanded for a new trial. As the right of the city to the ferry had been decided by this court, the only object of the new trial was to determine the question of ownership in the landings; for if found to be in the defendant, he *214 is certainly entitled to compensation before they can be subjected to the uses of the city. This statement is made in answer to the remarks of counsel as to the apparent conflict in the two decisions of this court. The fact that Judge Anderson’s opinion has been lost, can have no effect upon the decision of the case, nor upon the present appeal.

The present appeal is from an order of the District Court, refusing to set aside an order of the Judge at chambers, staying proceedings upon an execution for costs* issued by the clerk of the District Court, upon a remittitur…