Upon presentation of tbe original bill tbe circuit judge entered an order for tbe issuance of tbe temporary writ of injunction as prayed for therein. Section 8288, Code 1923. The appeal is from this order.
This is not such an interlocutory order from which an appeal is provided by statute. The question is a jurisdictional one, and it is the duty of the court to dismiss the appeal ex mero motu. Long v. Winona Coal Co.,
The remedy was by way of motion to dissolve the injunction under the provisions of section 8302, Code of 1923, and, if the ruling was adverse, to appeal therefrom as provided by section 6081, Code of 1923. Appeals are of statutory origin, and unless so provided no appeal will lie. Robertson v. Montgomery Base Ball Association,
Appellants have, very naturally it appears, been misled by tbe broad language of section 8307, Code of 1923. But this section has relation to appeals prosecuted when application for injunction has been set down for bearing under section S304 et seq., Code of 1923, which first appeared in tbe Code of 1907, and has no application to an ex parte order for temporary writ of injunction issued under authority of section 8288 of the Code. The distinction was commented upon in Zimmern v. Southern Rwy. Co.,
Appeal dismissed.