In Re the Determination of the Relative Rights in & to the Waters of Silver Creek & Its Tributaries

OPINION

By the Court,

Ducker, C. J.:

Two motions have been presented to the court. One is to dismiss an appeal from what is designated in the notice thereof as “that certain judgment rendered in favor of claimants St. John La Borde and La Borde Brothers & Company, and against claimants, Wilfred D. and Mildred E. Catón, in the above-entitled action and court on February 13, 1935, except insofar as said judgment and decree fixed the duty of waters,” and from an order denying a new trial therein.

This is an adjudication under the water code (Comp. Laws, sec. 7890, et seq., as amended). On December…