213 Mass. 78 | Mass. | 1912
This is a petition for a writ of mandamus. At the hearing before the single justice,
If the matter be treated as properly before us, no error of law appears upon the face of the papers. The function of a writ of mandamus directed to a lower court is to compel it to exercise its judicial functions, not to direct what action shall be taken. Crocker v. Justices of the Superior Court, 208 Mass. 162. The
If the single justice found these averments to be true, no writ of mandamus could issue.
Appeal dismissed without costs.
Braley, J.