Farmer

Appellant brought this action against the individuals composing the board of supervisors of Sutter county, two persons who were overseers of road districts, and others who were owners of lands through which a certain road ran, to enjoin them from closing up or vacating said road.

*180 Appellant is a corporation organized to maintain a levee along a portion of Feather river, to prevent overflows, and the part of said road in question is contiguous, for the greater part of its distance, at least, to the levee, and the complaint alleges that it is the only inlet or outlet to the levee for the purpose of protecting or repairing the same, and charges that the defendants are preparing and threatening, and will, unless restrained by the court, fence, plow up, and destroy the same, without any legal right or authority so to do, to plaintiff’s great and irreparable damage. The prayer is for a temporary restraining order, and a perpetual injunction.

The answer of defendants, in addition to denials, alleged that on January 6, 1892, the board of supervisors ordered the road abandoned and discontinued, such order to take effect May 1, 1892.

Upon the trial defendants had findings and…