Kirman

This action was brought to enjoin defendants from diverting the waters of a natural watercourse, and to recover damages for past diversion 'thereof. Judgment was rendered in favor of plaintiffs, and defendants, having made a motion for a new trial, and the court having denied the same, appeal from the order denying said motion. There is no appeal from the judgment.

1. Nearly the whole force of the arguments of appellants’ counsel is directed to the point that the findings do not support the judgment. In their final brief, after having referred to Dedmon v. Moffitt, 89 Cal. 211 , they say: “We are not asking here, as was asked there, to reverse the judgment for want of a particular finding, but our contention is, that this judgment should be reversed because it is not supported by the findings made.” But it is definitely settled that the insufficiency of the findings to support the judgment cannot be considered on an appeal from an order denying a new trial. That point can be raised only on an appeal from the judgment. (Brison v. Brison, 90 Cal. 323 ; In re Doyle, 73 Cal. 564 ; Martin v. Matfield, 49 Cal. 45 .) Counsel for appellants say, among other things, that certain general…