Tighe

The appellant, Mazilla Tighe, brought an action in the Superior Court of the City and County of San Francisco, State of California, against Ah Chong and Leong Cheung, to recover for personal injuries resulting from a collision with the person of the appellant. The appellee, Maryland Casualty Company, had issued an insurance policy insuring Ah Chong for injuries occurring as result of the operation of his automobile and in loading and unloading the same. While this action was pending the Maryland Casualty Company, appellee herein, brought this action in the Federal Court alleging diversity of citizenship and seeking a declaratory judgment and an injunction prohibiting the parties to the collision from seeking an adjudication of their rights in the pending action in the Superior Court. The trial court granted an interlocutory injunction prohibiting both the plaintiff and the defendants in the action in the Superior Court above mentioned, from further prosecution of that action. The appellant duly petitioned for allowance of an appeal, which was granted. The order was entered July 2, 1938, and .the time for appeal expired thirty days thereafter.

The appellee moved to dismiss the…