Dewey

This is a proceeding by writ of review to re-examine, vacate, and set aside an order of the superior court of the county of Merced, made after judgment,' and in proceedings for contempt for violation of a judgment for injunction.

The facts, as stated in the petition and appearing from the return, are, that in a certain suit pending in said court, wherein one Turner was plaintiff and Dewey, the petitioner here, was defendant, a judgment was made and given enjoining the defendant from maintaining a certain dam or other' obstructions in Mariposa Creek, and from maintaining a certain ditch or canal of defendant in any condition that would interfere with the rights of plaintiff, as in the said judgment and in the findings and conclusions of the court set forth; it being thereinbefore set forth that the plaintiff had the right to all the waters flowing in the Mariposa Creek, without interruption by the defendant, down the bed, along the natural water channel of said creek, except at such times as there may be a surplus of water running in said creek. The judgment also awarded the plaintiff one thousand dollars damages. -

From this judgment an appeal was perfected to this court, and…