Adler v. Superior Court

Petitioner here, contending that he was improperly served with summons when he appeared as a witness in a proceeding involving the validity of the entry of a prior final decree of divorce, fails in his petition for a writ of prohibition against his wife to prevent her from proceeding in an action for separate maintenance. The two proceedings depend on a determination of the same issue: the affirmation or negation of the marital relation, and petitioner establishes no immunity from service in the separate maintenance action.

Petitioner’s wife, real party in interest, began an action for divorce…