Abila

Upon motion for a new trial herein the court made an order that said motion be granted “ as to the issue whether or not the petition for the organization of Fallbrook irrigation district, mentioned in the findings, was signed by-fifty freeholders owning land in said district, and that upon said new trial said issue only he re-examined. And it is further ordered that said motion be denied as to all other, issues raised by the pleadings.” From that portion of the order *369 denying the motion for a new trial the defendant, Abila, has appealed.

By the fifth section of the statute under which the present proceedings were taken (Stats. 1889, p. 213) it is declared that: “The order granting a new trial must specify the issues to be re-examined on such new trial, and the findings of the court upon the other issues shall not be affected by such order granting a new trial.” That the “ issues” thus referred to are those which the statute authorizes the court to .determine, and are distinct from the subordinate and evidentiary findings of the court, is clearly indicated by the provision that “the findings of the court upon the other issues” shall not be affected by the order. These “…