California Filter Co. v. Superior Court

This is a petition for a writ of prohibition.

On November 17, 1926, Marion Shibley commenced an action against her husband, Kenneth Shibley, for separate maintenance, and joined as a party defendant the petitioner herein, California Filter Company, a corporation. The original complaint in said action, among other things, alleges: “Since the marriage of plaintiff and defendant, said defendant Shibley has acquired . . . certain property. . . . Said property is community property. . . . Defendant Shibley is the owner of a large portion of the capital stock of defendant, California Filter Company. Plaintiff is unable to state definitely the number of shares of stock in said company owned by defendant Shibley, but is informed and believes, and therefore alleges, that he is the owner of two-thirds of the capital stock of said company. . . . That the remainder of said stock is owned by Paul Bovard, and said Bovard and defendant Shibley are the sole parties interested in said company. . . . Defendant Shibley is in the employ of, and is drawing a large salary from said company, the amount of which plaintiff is unable definitely to state, and said salary will be paid continuously to…