Oakes v. Hill , 25 Mass. 46 ( 1829 )

But at this March term the Court said they had come to the conclusion, that it was not proper to issue a mandamus. They remarked that an action was pending in which the same ques•tions might be tried, and that a determination on this summary process might affect the rights of persons who had no opportunity to be heard.¹

1 See Oakes v. Hill, 10 Pick. 333, and 14 Pick. 442.