Sullivan v. Triunfo Gold & Silver Mining Co.
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff, upon application to the Judge of the Court of the Fourth Judicial District, based upon his complaint in this action, filed in said Court, obtained from him, ex parte, an order of injunction against the defendants, pendente lite, according to the prayer of said complaint. The defendants appealed, from said order.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff, upon application to the Judge of the Court of the Fourth Judicial District, based upon his complaint in this action, filed in said Court, obtained from him, ex parte, an order of injunction against the defendants, pendente lite, according to the prayer of said complaint. The defendants appealed, from said order. In this Court, the respondent moved .to dismiss the appeal, upon the ground that the order appealed from is not an appealable order.
1Opinion of the Court
By the Court, Sawyer, J.:
The respondent moves to dismiss the appeal, on the ground that no appeal lies from an ex parte order made by the Judge at Chambers granting an injunction. Section one hundred eleven of the Practice Act authorizes a Judge at Chambers or a County Judge to grant the order, “ and when made, it may be enforced as the order of the Court.” Thus, although made by the Judge, it virtually becomes the act of the Court. The order is an order granting an injunction, when made ex *390parte as well as when made on notice, and may be enforced in the same way. Section three hundred…
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