George A. Shaheen v. Honorable Paul D. Shriver, as Judge of the District Court of Guam, Unincorporated Territory of Guam

Shah een applies for leave to file a petition for writs !of mandamus or prohibition to cóntrol action by the respondent in two , different" cases being litigated beforé híni.' ■

I, Shaheen .has a purported appeal pending i,n this court entitled George A. Shaheen v. Government of Guam, No. 14,690. a suit to establish a claimed tax liability of Shaheen to that government. The appeal is from an order refusing to dismiss the action based upon a claimed wrongful order refusing to set aside the service' of summons; on him. He seeks a writ of mandamus or prohibition from us to compel the District Court to set aside the order.

If the order refusing dismissal be an appealable one the decision of the question of its validity should be decided in the course of the appeal and mandamus should not be substituted therefor. Roche v. Evaporated Milk Ass’n, 319 U.S. 21 , 63 S.Ct. 938 , 87 L.Ed. 1185 .

If the order be not an appealable one the case should be heard and decided below and the matter brought to us on appeal. No special circumstances being alleged, there is no ground to grant the petition for the writ. Roche v. Evaporated Milk Ass’ n, supra.

The application for permission to file a…