case Blackhall versus comb upon a appeal from a decree at the roll Eq can ab  pl where a bankrupt after certificate allow be sue for a debt due before his  bankruptcy the court on the circumstance of the case will relieve though it  will not relieve on a matter pure of mispleading the defendant Ann comb lend  the plaintiff blackhall brother pound for which the brother together with the  plaintiff Blackhall be bind to the defendant in a bind for the payment of this  pound and interest afterward in march the plaintiff Blackhall the surety in  the bind become a bankrupt and on a commission issue out against he be accord  find a bankrupt in easter term the defendant comb arrestedthe plaintiff on his  bind and on the that of June follow a renew commission of bankruptcy issue out  against the plaintiff who be find a bankrupt surrender his effect and submit  to be examine by the commissioner but his certificate not be then allow he  plead non be factum to the bind whereupon a verdict and judgement be obtain  against the bankrupt and proceed be also have against the bail the bankrupt  surrender himself in discharge of his bail peer William after this the  commissioner of bankruptcy and fourfifth in number and value of the creditor  sign the certificate and on notice in the gazette to the creditor on the that  of November the bankrupt certificate be allow and confirm by the then Lord  chancellor upon which this matter be disclose to the court of king bench and  affidavit make that the cause of action in the bind be before the bankruptcy  that court make a rule that the bankrupt shall be discharge out of prison nisi  causan and no cause be show the rule become absolute in easter term the  defendant comb bring a to know facias upon the judgement against the now  plaintiff the bankrupt who plead the act of the that of the late queen for  prevent fraud by bankrupt and that the cause of action accrue before the  defendant bankruptcy and issue be join on this the jury find a verdict against  the then defendant the bankrupt he as be allege not be able to get the  commission or a copy thereof to produce at the trial after which the plaintiff  in the action have judgement peer William er p on this the now plaintiff the  bankrupt bring a bill to be relieve against the proceed at law and Lord  chancellor on motion grant a injunction not long after the cause come to a  hear before his honour the master of the roll who dismiss the bill in regard  the act of parliament touch bankrupt and their discharge be to be plead and  take advantage of at law and this have be accord plead and find against peer  William the bankrupt there be no equity in the case but it be all at law for  which reason the court with great clearness dismiss the bill from this decree  the bankrupt appeal to Lord chancellor before who in support of the decree it  be object that the say act have prescribe in what manner the bankrupt be to  take advantage of his discharge and certificate videlicet by plead it and if  the bankrupt have not pursue this method it be his own fault that the  defendant be a just creditor on bind for money lend and which as it represent  she have earn at service for her livelihood she have at least a equal equity  with the now plaintiff that this court ought not to assist against such a  creditor who have the law on her side especial in a matter which seem to be  all at law and a case ex part Goodwin vern be cite where Lord Cowper upon a  petition refuse to relieve the bankrupt against who judgement have be recover  pure upon a matter of mispleading vide vern vern accord say vide vern contra  vide etian post the countess of Gainsborough versus Giffard however Lord  chancellor the principal case reverse the decree make by the master of the  roll and relieve the bankrupt against this judgement at law his lordship seem  to admit that be the case only matter of mispleading equity shall not relieve  but say it weigh with he that this matter have be examine in the king bench  and the bankrupt discharge there and by the same reason that one determination  in a proper court and in a proper method will not bind so also if there be  eight or ten or twenty determination they will not be conclusive peer William  that as to the mere merit it be most plain the bankrupt be one intend to be  relieve within the act the debt be incur long before the bankruptcy though  this be a to know facias upon the judgement the judgement may be say in law to  be the cause of the action and that be after the bankruptcy but see morris v  hankey post vol wright v nut t r Tidds prac that the certificate not be obtain  and make absolute when non be factum be plead to the bind this may excuse such  plea that here have be a long acquiescence by the obligee herself who have  sleep under the discharge make by the court of king bench many year and her  suit upon the to know facias seem to be the undertake of some enterprise  solicitor who have engage to help her to this desperate debt then it be of  weight that the plaintiff the bankrupt have upon oath give up his all and his  examination have be no way falsify and if nothing be leave to the bankrupt  what be the plaintiff at law contend for let the now plaintiff be relieve and  have a perpetual injunction against the defendant Reg lib a fol