Heilbron

plaintiffs commenced this action in the superior court of Tulare County to obtain a perpetual injunction restraining the defendant from diverting any of the waters of Kings Eiver into and through a certain canal constructed and owned by defendant. After trial the court granted the injunction as prayed for, and “further ordered, adjudged, and decreed that said defendant forthwith fill up the head of its said canal where it connects with the channel of said Kings Eiver, and close the same so that no water can or will flow from said river into defendant’s said canal.” From .this judgment, and an order refusing a new trial, an appeal was taken, and in deciding the questions presented on the appeal, it was, among other things, said by this court ( 80 Cal. 189 ):—

The judgment and order were accordingly reversed, and the cause remanded, with directions to the court below to enter a decree in conformity with the views expressed in the opinion.

Upon the going down of the remittitur, the court entered a new and modified decree, by which the defendant was forever enjoined and restrained from diverting into or through its canal any of the waters of Kings *10 River for sale, or for…