Cullen

This cause was formerly heard and decided by the court in Bank, upon grounds stated by Commissioner Vanclief in an opinion rendered herein on the 11th of March, 1895, post, p. 510. The case arises *505 out of a special proceeding under an act supplemental to the Wright act for obtaining a decree of court approving and confirming the regularity of the issue of the bonds of an irrigation district. By the decree of the superior court the proceedings for the formation of the district, and the issuance of the bonds, were held to have been regular, and the bonds were declared valid. By the decision here all the rulings, findings, and conclusions of the superior court were approved, excepting only a finding to the effect that the directors of the irrigation district had made a proper estimate of the cost of works, etc., before ordering the issue of the bonds. This finding was held to be contrary to the uncontradicted evidence in the record, and upon that ground, and none other, the judgment of the superior court, and its order denying a new trial, were reversed. Subsequently a rehearing was granted upon the contention of respondents that there was no issue raised by the answer of…