Howell v. Superior Court

Petitioner Maria Howell filed this petition for writ of prohibition to restrain further proceedings in a divorce action now pending in respondent court. The basis for the petition is the contention that the superior court has no jurisdiction to proceed because of a prior pending action between the same parties involving the same cause before the Superior Court of Los Angeles County.

Two actions are pending between petitioner and her husband: The first in time, a separate maintenance action, was filed by petitioner in Los Angeles on July 13, 1960. The husband (respondent herein) was served in…