case sharp versus gamon in court loveliness die Feb Eq can ab pl S c if a bill  be bring for discovery of a bankrupt estate the bankrupt must be a party bill  for the discovery of a bankrupt estate the defendant demurrer because the  bankrupt be not make a party and the demurrer be allow vide note in Wych v  meal p wms countess of Plymouth v Bladon er report date case countess OF  plymouth versus Bladon eoden die Eq can ab pl S c in court a dismission upon a  election to proceed at law be not peremptory but the plaintiff may after she  have fail at law bring a new bill the bill be to call the defendant who be the  plaintiff steward to a account the defendant by way of plea insist that the  plaintiff ought not to be relieve in this court nor be compel to account first  for that the plaintiff have before exhibit a bill in this court to the same  purpose and likewise sue at law for the same matter and afterward be put to  her election choose to have her bill dismiss and not have meet with such  success at law as she expect will now resort back again to this court second  that the plaintiff have disable the defendant from give any account by reason  that she have in a violent and undue manner seize his write and evidence and  even imprison his person and so in effect have make herself both judge and  executioner Vernon chancery case and detinue of charter be a good plea at law  in bar of a account and ought to be so here and although they may now allege  that the trunk in which the write be have be since with the write that be in  it restore that ought not to excuse the plaintiff in this case for such  violent seizure be a evidence of the plaintiff design to take from the  defendant some material paper and when she have get they into her power it be  to be presume she do take they and it be not to be expect from the defendant  that he shall prove what paper the plaintiff take out of the trunk per cur as  to the first objection a dismission upon a election be not peremptory no more  than a nonsuit at law and as to the second objection although such proceed be  not to be approve of or countenance yet they can amount to a forfeiture of the  right which the plaintiff have to call her steward to a account Vernon  chancery case er p and although detinue of charter be a good plea at law in  bar of a account yet it be not a good plea to say the plaintiff do once seize  his write but it be the detainer of they that make the plea good and as touch  the plaintiff imprison the defendant he may take his remedy by a action of  false imprisonment but a man may sure justify the detain of his servant that  be take away his good the court therefore order that whereas there be a  considerable sum of money in the trunk that the money as well as the write  shall be restore for although the defendant may be great in the plaintiff debt  yet she must not levy her own debt after that manner and order the defendant  to answer the decree be for a account in the usual way and the trunk be to be  deposit with the master who be to examine the paper therein in the presence of  both party and to make a inventory thereof and to allow either party at their  own cost to make copy but the original be to remain with the master till  further order and as to all such paper and write as do not relate to the  account direct the master be also to take a inventory of they and deliver they  to the several person to who they severalty belong and as to any money they be  to be deliver to the defendant unless it appear by any note or note of the  defendant handwriting in or affix to any of the bag in which the money be  contain that the same be the plaintiff money then such money be to remain with  the master till further order Reg lib z a fol vide fish v Jesson post