Mulvey

The material facts appearing from the affidavit and petition are these: An action was begun by plaintiffs against certain officers of the city of San Diego, the object of which was to enjoin such officers from constructing a street through a public park by reason of the fact that damages accruing to plaintiffs' abutting property had not been ascertained or adjusted, and for other reasons claimed to affect plaintiffs’ property rights. A preliminary Restraining order was issued and served. Thereafter, on July 19, 1912, the court announced its decision sustaining a demurrer to plaintiff’s complaint, without leave to amend, and dissolving the restraining order theretofore issued, and directing a judgment of dismissal of the action to be entered. The formal entry of this judgment, however, "was not made until July 23d. On July 22d, the day preceding the formal entry of the judgment, the court made an order reviving the original injunctional order upon the ground that it was made to appear that plaintiffs intended to appeal, and that the ease was a proper one in which to order such renewal pending appeal. On July 24th an appeal was perfected from the judgment of the court entered on…