“ Ex parte Southwestern Surety Insurance Company
Argued: April 22, 1918. --- Decided: May 20, 1918
The statute (Act Aug. 13, 1894, c. 280, 28 Stat. 278, as amended by Act Feb. 24, 1905, c. 778, 33 Stat. 811 [Comp. St. 1916, § 6923] ) makes the District Court of the district in which work contracted to be done for the United States is to be performed the forum for the assertion by supply creditors or materialmen of their claims against the contractor and the surety on the bond. It moreover authorizes one suit by all for the purpose of enforcing the liability of the surety. ”

“ But this depends upon facts which are not before us and besides involves a question within the competency of the court to decide concerning which therefore there is no basis for granting the writ of prohibition or sanctioning a resort to any other extraordinary legal remedy. ”