Martin

On August 8, 1947, appellant, James G. Martin, filed in the United States District Court for the Northern District of ■ California what purported to be and was, in form, a libel in rem and in personam, naming as respondents the American fishing vessel Bud, John Doe, Richard' Roe, Jane Doe and First Doe. The libel stated, that appellant was ignorant of the true names of the respondents called John Doe, Richard Roe, Jane Doe, .and First Doe and prayed that it be amended 'by inserting their true names when ascertained. That was never done. The libel did not at any time •state the true name of any respondent except the Bud.

Process (a monition and a warrant of arrest) 1 issued on August 8, 1947. Thereupon the Bud, being then in the Northern District of California, was arrested by and taken into the custody of the marshal of that district. There was no arrest of, nor any service of process on, nor any attachment of the goods of, John Doe, Richard Roe, Jane Doe or First Doe.'

On August 14, 1947, appellant and Angel Soriano, claimant of the Bud, filed with the clerk of the District Court a stipulation signed by their proctors on August 13, 1947, reading as follows:

“It is hereby…