McKey

Plaintiffs appeal from an order of the district court, granting a motion to quash service of summons on defendant, appellee herein, and vacating the default judgment entered against her, which order was made after the expiration of the period set aside for questioning a judgment directly.

Plaintiffs filed a creditors’ bill in the District Court of the United States for the Northern District of California on November 19, 1936. The suit was based upon the statutory stockholders’ liability of defendants as shareholders of the Woodlawn Trust and- Savings Bank, an Illinois corporation. All of defendants, but hone of plaintiffs, were citizens and residents of California. Some of defendants, including appellee herein, resided in the Southern District- of California. Appellants in January of 1939 made a motion requesting an order for the publication of summons upon appellee on the grounds that appellee could not after due diligence be found within the state or within the jurisdiction of the court and that appellee was concealing herself to. avoid service of summons. The motion, was supported by an affidavit signed by-Fred S. Herrington, one of plaintiffs’ attorneys. The affidavit…