In re Consolidated Rubber Tire Co.

Syllabus

MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF PROHIBITION.

Leave to file petition for writ of prohibition to prohibit the United States Circuit Court from retaining jurisdiction of a case, denied.

.An action for infringement of patent rights was .commenced in the' Circuit . Court of the United States for the Southern Dis-' trict of New York by one 'William A. Ferguson, whose citizenship is not disclosed, against the petitioner, a corporation of New Jersey, on patents alleged to have been assigned to the plaintiff by the Reilloc Tyre Company, a British corporation.

The petitioner (defendant in that action) moved to dismiss on the. ground that the court did not have jurisdiction of the parties. That motion having been denied, it submitted its petition to .this .court for a writ of prohibition, contending that the assignee, whose citizenship does not appear, of a cause, of action, which accrued to an alien, cannot maintain an .action.

thereon in a Federal court in a district other than that whereof defendant is an inhabitant. '■