In re Melekov

Petitioner, Leon Melekov, a citizen of California, brought a civil action in the District Court of the United States for the Southern District of California against twelve defendants, all of whom were citizens of Oklahoma. Summons was issued, but was not and could not be served in the Southern District of California, for none of the defendants resided in that district, and none of them was found there. Service was made, however, on eleven of the defendants in the Western District of Oklahoma and on one (Edgar S. Vaught) in the Northern District of California.

Appearing specially, each defendant moved the court to quash and set aside the service of summons on the ground that such service was not made in the Southern District of California and was therefore void. All the motions were granted, six being granted on September 27, 1938, five on October 17, 1938, and one — that of defendant Vaught — on November 9, 1939. Melekov v. Collins, D.C., 30 F.Supp. 159 . Thereafter, on June 18, 1940, petitioner filed in this court a petition for a writ of mandamus commanding District Judge Paul J. McCormick (by whom said orders were made) to vacate his order of November 9, 1939.

By § 262 of the…