Devlin

—Motion to dismiss the appeal. The superior court granted an injunction in the above-entitled cause, January 8, 1900, restraining the defendant from doing certain acts therein specified, and on January 12, 1901, the Hon. F. J. Murasky, judge of said court, signed a written instrument, wherein, after reciting the granting of the injunction, and that more than twelve months had elapsed since it was granted, and that the action had never been set for trial or tried, and that the defendants had not consented to the continuance of said injunction, it was “ ordered, adjudged, and decreed that said injunction is no longer in force.” This instrument was not filed with the clerk or entered in the minutes of the court, but on January 25th the plaintiff’s attorney filed a certified copy thereof in the clerk’s office, and on February 5th, at his request, it was copied by the clerk into the minutes of the court. February 6th, the defendant gave notice of an appeal from this order. The plaintiff now moves to dismiss the appeal, upon the ground that the entry by the clerk, upon the minutes of the court, of a certified copy of an order is not an order of the court, and upon the further ground…