Secondo

An application for a writ of mandate, requiring the Superior Court of Monterey County and the judge thereof to enter an order, making petitioner a party defendant to an action pending therein numbered 11514 and entitled “Joseph Secondo and Pete Secondo, Plaintiffs, versus Mitchell Secondo, Defendant.” An alternative writ having issued, the matter was submitted upon the demurrer and answer of the defendants.

The following are the facts: The parties to the above action are copartners engaged in the business of farming and fruit packing. The action was brought on September 17, 1929, for a dissolution of the partnership and" an accounting. The partnership was formed on January 15, 1925, and in addition to certain personal property the assets of the concern comprise three parcels of realty the legal title to which appears in the name of one of the plaintiffs. Mitchell Secondo, the defendant, and Katherine Secondo, the petitioner herein, are husband and wife, and on September 4, 1929, in the Superior Court of Santa Cruz County, in an action for divorce instituted by petitioner, an interlocutory divorce was entered by which .it was adjudged that all the right, title and interest of…