Melville Fuller

“ The petition alleged the commencement in the circuit court of a common-law action by petitioner, as administratrix, against Langer, to recover damages for negligence causing the death of petitioner's husband, and rested the jurisdiction on diversity of citizenship. ”

“ The circumstances in respect of a mistake, by reason of which no summons was issued, though service of copy was made, are set forth in detail, and the fact alleged of notice of appearance and answer, and the assertion by defendant's attorney that this was in ignorance of the defect in the summons. ”

“ It appears therefrom that the motion was denied 'upon the sole ground that no action of Gertrude Glaser, as administratrix of the goods, chattels, and credits of Isador Glaser, deceased, plaintiff, against Anthony P. Langer, defendant, is nor ever has been pending in this court.'
In cases over which we possess neither original nor appellate jurisdiction, we can not grant mandamus. Rev. Stat. ”