To compel respondent to vacate an order awarding co.An to defendant, and to award costs to plaintiff in an action against one Spaulding, for digging a trench from Clear Lake in the direction of plaintiff’s land, causing the water to flow upon and injure said lands, wherein plaintiff had a verdict for $37.

Granted January 20, 1886.

Held, that under the second subdivision of How. Stat., Sec. 8964, plaintiff was entitled to costs.