San Dimas Land & Water Co. v. San Jose Land & Water Co.

Watee-Rights—Injunction—Former Adjudication—Findings Supported by Evidence—Appeal from New-Trial Order.—In an action to restrain the defendants from running water across plaintiff’s land, based upon a judgment in favor of plaintiff’s vendors against one of the defendants, where the pleadings involved the sufficiency of the judgment pleaded, and its effect upon the rights of the defendants, and also involved conflicting appropriations of water, and upon each and all of these the findings were in favor of the plaintiff and against the defendants, and were supported by the evidence, an order denying the defendants’ motion for a new trial will be affirmed upon appeal.

Id.—Appropriation—Alleged Trespass—Effect of Former Judgment. —The contention of defendants that the appropriation of plaintiff’s vendor was a trespass upon the land of defendants’ vendor is not tenable when it is in contravention of the effect of a former judg- • ment between the parties, which was affirmed upon appeal to this court, and also upon appeal to the supreme court of the United States.