Bley

This is a motion to dismiss an appeal.

The respondent filed in the Superior Court of San Joaquin County a petition for a writ of prohibition asking that the appellant, Board of Dental Examiners of the State of California, be restrained from proceeding to investigate certain charges of alleged misconduct on the part of respondent in the practice of dentistry. Upon the filing of this petition a temporary restraining order was signed and issued together with an order to show cause why it should not be made permanent. To this petition a demurrer and answer were filed. Upon hearing the demurrer and order to show cause on the return day which had- been fixed, the court on November 22, 1928, made the following minute order: “The above entitled cause having been heretofore tried by the Court and submitted to the Court for consideration and decision, the Court this day made an order that a writ of prohibition issue as prayed for, and overruled the demurrer to the petition on file herein.”

Prom this order the appellant served and filed a notice of appeal “from the judgment . . . made and entered in said action on the 22nd day of November, 1928 ...” This notice of appeal was not filed…