Kromm v. Kromm

This appeal involves the question of whether the trial court abused its discretion in refusing to open up a default, and the question of whether, where two actions involving the same parties and subject matter are filed in the same county, the court has power to proceed in the action secondly filed.

On April 15, 1946, Fred Kromm filed a divorce action against his wife, Ruth Kromm, in San Mateo County. This action, numbered 40681, will be hereafter referred to as the first action. Two days later, Ruth, plaintiff herein, who had not yet been served with summons in the first action, filed in the…