Turner v. East Side Canal & Irrigation Co.

The record presents an appeal by the defendant from the judgment, upon the judgment-roll alone. The same judgment-roll was before the court heretofore upon an appeal by the plaintiffs from that part of the judgment declaring that the defendants were entitled to divert from the San Joaquin River two hundred and eighty-one second feet of water, (Turner v. East Side etc. Co., 168 Cal. 103, [142 Pac. 69].)

Upon the appeal by the plaintiffs above referred to the part of the judgment appealed from was reversed and the cause was remanded for a new trial to determine whether or not the defendant was…