Charis Corp. v. St. Sure

The Charis Corporation made a motion for leave to file a petition for writ of prohibition or writ of mandamus, and has accompanied the application by copy of the petition which it proposes to file if leave is granted. The purpose of the petition is to secure a writ prohibiting the District Court from further proceeding in a patent infringement suit brought against applicant by Josephine Holt. The jurisdiction of the District Court is predicated upon section 48 of the Judicial Code, 28 U.S.C.A. § 109 . The applicant challenged the jurisdiction of the court by motion to quash the service of subpoena upon the ground that the applicant did not have a regular and established place of business within the Northern District of California. Affidavits and oral testimony were introduced before the District Court upon that subject and the affidavits used and the transcript of the testimony taken upon that hearing, certified by the clerk of the District Court, are attached to the petition. This evidence, if printed in the usual form required by our rules for the printing of the transcript, *354 would probably cover several hundred pages.

The question as to whether or not the applicant…