Murray

After consideration of this cause in Bank we are satisfied with the conclusion reached and the opinion delivered in Department. There is no appeal from the judgment; and, as to the questions which could be raised on the appeal from the order denying a motion for a new trial, we do not deem it necessary to add anything to the opinion above referred to. Indeed, the determinative issues in the case were issues of fact which were decided by the court below upon conflicting evidence which clearly warranted the findings which the court made.

For the reasons given in the said former opinion the order appealed from is affirmed.

Beatty, C. J., did not participate in the foregoing.

The following is the opinion above referred to, rendered in Department One, June 25, 1897:

This is an action to determine conflicting claims to water. The action was commenced April 12, 1892, by the plaintiffs, for themselves, and nineteen others interested with them, to obtain an injunction restraining the defendant corporation from diverting any of the waters of the ICaweah river until after plaintiffs’ ditch, known as the Watson ditch, is supplied with twenty cubic feet of water per second.

The case was…