Bishop

Suit brought for an injunction to restrain certain acts complained of by plaintiff. A preliminary injunction was granted upon the verified complaint and an order to show cause why the same should not be made permanent. Defendants interposed a general demurrer to the complaint. On August 23, 1903, the court entered an order- sustaining the demurrer, with leave to plaintiff to amend within ten days. The plaintiff failed to amend within the time allowed, and thereupon judgment was entered in favor of defendants herein. From this judgment plaintiff takes this appeal.

On the 8th of July, 1903, the court, upon motion and application of defendants, made an order upon the complaint alone dissolving the preliminary injunction and discharging the order to show cause. There is in the transcript a “Notice of Appeal from the order denying plaintiff’s motion for a preliminary injunction, made and entered herein on the 1st day of July, 1903.” But as the record shows that a preliminary injunction had been granted by the court, there is no ground upon which such an appeal may be presented. Pre sumably, it was designed to take an appeal from the order dissolving the temporary injunction. If so,…