Shoemaker v. Shirtliffe , 1 U.S. 127 ( 1785 )

But

by the Court:

—We cannot in this way enter into a consideration of the merits of another action. Nor ought we upon so slight a foundation to grant a rule to shew cause; for such rules by the delay which they occasion, are frequently as prejudicial to the plaintiff, as if they were made absolute.

Dallas took nothing by his motion.