Luitwieler

In an action of divorce wherein the petitioner, Samuel W. Luitwieler, is defendant, respondent superior court made an order wherein, among other things, the defendant was required “to forthwith vacate the residence of plaintiff” at a stated address in the city of Los Angeles; also to “deliver to counsel for plaintiff the key to the front door of said premises and any other keys that will give defendant ingress to said premises or any part or portion thereof.”

Being of the opinion that respondent court exceeded its jurisdiction in the premises, this court issued the writ of review as demanded by petitioner. Inadvertently we assumed that the order in question, being an order pendente lite and made prior to judgment in the action, was an order from which there is no right of appeal. Respondents now move that the writ be vacated and the proceedings dismissed upon the ground that the order of which petitioner complains is an appealable order.

An appeal may be taken from an order “granting or dissolving an injunction.” (Code Civ. Proc., sec. 963.) [1] A restraining order in its effect is an injunction, and is an injunction though temporary. The statute, in giving the right of appeal…