Abila

This is an action brought by the directors of an alleged irrigation district to have the court approve and confirm all the proceedings of said district, including the form of certain proposed bonds, in accordance with the provision for such an action to be found in the “ confirmation act,” which is supplemental to the statute generally known as the “ Wright act.” The court below rendered judgment for the plaintiffs, but on motion of defendant, Abila, who was a landowner in the district, a new trial was granted, and plaintiffs appeal from the said order granting the new trial.

The motion for a new trial was based upon several grounds, but it appears that it was granted upon the sole ground that the petition for the organization of the district was not signed by fifty “ freeholders owning lands” in said district, as required by said Wright act.

It is not contended by appellants that more than fifty-one qualified persons signed said petition; and, there *360 fore, if any two of said persons were not qualified the order must be affirmed. Respondent attacks the validity of the petition upon various grounds, but his main objections to the qualifications of certain signers are: 1. That…