Monge v. Smyth

MATHEWS, Circuit Judge.

On July 5, 1951, appellant, Bartolomeo Monge, commenced a civil action against appellee, James G. Smyth, Collector of Internal Revenue for the First District of California, by filing a complaint in the United States District Court for the Northern District of California.

On September 6, 1951, appellee filed a motion to dismiss the complaint. There was no motion to dismiss the action. See Form 19 of the Appendix of Forms following Rule 86 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

On October 15, 1951, the District Court entered an order which granted the motion…