atkins case GURISH versus Donovan April S c barn Charles Rep a bill here pray  relief as well as a discovery while the plaintiff be proceed at law on the  same account he amend by strike out the part which pray relief and the bill  thereupon be dismiss of course as pray nothing but a discovery and the cost of  the dismission be tax to the defendant at pound the plaintiff recover  judgement against the defendant in damage and cost to the amount of pound and  petition to set off the cost at law against the cost here Lord Hardwicke think  it reasonable and if the precedent which he order to be search will justify he  say he will grant the petition the plaintiff bring his bill against the  defendant and by that bill pray relief as well as a discovery be likewise  proceed at law in a action against the defendant on the same account upon this  a application be make to the court that the plaintiff shall make his election  in which court he will proceed thereupon he elect to proceed at law but be  allow to proceed in this court likewise with regard to so much of his bill as  seek a discovery and amend his bill on payment of cost by strike out that part  of it which tend to pray relief the bill be thereupon dismiss of course by  reason it pray nothing but a discovery the cost of the dismission be tax to  the defendant at n the plaintiff recover judgement against the defendant in  his action at law and the damage together with the cost amount to pound for  those damage and cost at law the defendant be take in execution and now lie in  custody but notwithstanding he have think proper to take out a attachment  against the plaintiff for the cost in this court a petition be thereupon  prefer to the court on behalf of the plaintiff pray that he may deduct the  cost which he have incur in this court out of the cost and damage which he  have recover against the defendant at law Lord chancellor say the petition  seem to he to be very reasonable and if the precedent of the court will  justify he in grant it he will certain do it but he doubt whether the practice  of the court will allow of it by reason that the bill of discovery have be  dismiss out of court his lordship say he will not make any order on this  petition but direct it to stand over that the plaintiff may search for  precedent