Biggy

This is an appeal by plaintiff from an order of the superior court .refusing to grant an injunction pendente lite in an action brought to obtain a judgment perpetually enjoining the defendants, members of the police department of the city and county of San Francisco, from entering upon or in any way interfering with plaintiff’s possession and enjoyment of its premises at No. 118 Waverly Place in said city and county, which premises, it is alleged, are used by the members of said club solely for “educational and social purposes.”

The complaint was filed November 6, 1908, and an order to show cause why a temporary injunction should not issue was made. The motion was heard upon the complaint and affidavits, and on June 22, 1909, the order to show cause was discharged, and a temporary injunction denied. An appeal was improperly taken to the district court of appeal for the first district, appellate jurisdiction in such a ease as this being in this court. The matter has been transferred to this court for hearing and determination. . '

We see no merit whatever in this appeal. Counsel are necessarily compelled to concede that the decision of the trial judge in a matter of this kind…