Seltzer

This is an application for a writ of supersedeas. The petitioner is conducting a roller derby in San Francisco. A controversy arose between him and the respondent Musicians’ Union in the course of which, on February 4, 1939, he filed in the superior court a complaint praying for an injunction to restrain the defendants in said action, respondents herein, from interfering with the conduct of the plaintiff’s business. Upon the filing of the complaint the presiding judge of the superior court issued an order *719 requiring the defendants to show cause on February 9, 1939, if any they had why they should not be enjoined from doing the acts complained of, and, as a part of the same order, issued a temporary restraining order pending the hearing. The order to show cause came on for hearing and was held on February 9, 10 and 14, 1939, in the law and motion department of said court, at the conclusion of which the defendants moved the court to vacate the temporary restraining order theretofore issued. This motion was granted on February 16th, whereupon the plaintiff filed a notice of appeal from said order and commenced this proceeding for a writ of supersedeas “to preserve the status quo”…