Moore

after stating the case as above, delivered the opinion of the court.

Objection is made on the part of the appellee and respondent to the right of this court to review the order in question. We have no doubt of our jurisdiction to do so. The amendment to the plaintiff’s complaint brought into the controversy waters in no way , embraced by the original complaint, and the decree that was vacated by the order undertook to fix the rights of the respective parties thereto in connection with their respective rights to the waters covered by the original complaint. Therefore the order vacating and setting aside the decree, the findings, conclusions of law, the amendment to the complaint, and the other pleadings relating thereto, upon which the decree was based, was certainly a final disposition of the rights of the appellant with respect to the waters brought into the suit by the amended pleadings, and was therefore appealable. The term of the court at which the decree was vacated by the order in question not having then expired, there can, we think, be no doubt of the inherent power of the court to set it aside on motion, if the facts justified such action, by which is, of course, meant,…