Jefferson

In the United States District Court for the Southern District of California, appellant, James Monroe Jefferson, a citizen of California, commenced an action for libel against appellee, Stockholders Publishing Company, Inc., a Nevada corporation, thereby seeking to recover of appellee damages in the sum of $200,000. Appellant commenced the action by filing a complaint on January 12, 1950. The clerk of the District Court did not issue a summons forthwith, as required by Rule 4(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. He did, however, issue a summons on August 22, 1950. The summons was served on appellee on or before August 30, 1950. Thereafter appellee moved to dismiss the action, and the District Court, after hearing the motion, entered a judgment, .entitled “Order of dismissal,” ordering, adjudging and decreeing that the action be dismissed, and that appellee recover of appellant $100 as attorneys’ fees. This appeal is from that judgment.

The stated grounds of the judgment were that appellant had failed to comply with Rule 4(a) ; that therefore the action should be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure; and that, appellant having failed…