Laam

This is an action to enjoin the defendants from submitting the proposition to a vote of the electors for the recall of plaintiff as supervisor and elect a successor. Upon filing the complaint and giving the bond required by the court, the court issued an order reciting, in part, as follows :

Defendant Peacock appeals from the order.

1. Plaintiff has made a motion to dismiss the appeal on the ground that the order is not appealable.

In Neumann v. Moretti, 146 Cal. 32 , [ 79 Pac. 512 ], the appeal was from an order refusing to dissolve a temporary injunction and the court said: “The restraining order was an injunction. It required the defendant to refrain from a particular act. (Code Civ. Proc., sec. 525.) An appeal lies from an order refusing to dissolve an injunction. (Code Civ. Proc., sec. 963, suhd. 2.) ” In Golden Gate Con. H. M. Co. v. Superior Court, 65 Cal. 187 , [ 3 Pac. 628 ], an injunction was issued, ex parte, “commanding the defendant, its officers, agents, servants, etc., until further order of the court, to desist,” etc. This was in effect a restraining order or temporary injunction. The defendant in that action was by the court adjudged guilty of contempt for…