1788-08-18 (static/transcriptions/1788/08/154.jpg)

Now I shall quote some to the relief In Brown’s Rep of cases Ch in 26 Geo 3 pa &-10. In the case of Hindman v Taylor Lord Chancellor Thurlow says

Where the bill is for relief, the discovery is merely ancillary to the relief; therefore, if the defendant can shew that, without going further, there is one point which will bar the relief, the court will first look into that point. The court then takes the plea as the first method of getting at that justice which the subject has a right to obtain. Where the remedy is legal, to let the defendant refuse the discovery, is putting matters out of their train; for the court can ultimately do nothing as to the remedy. If the bill be for aquitable relief, and the plea be over ruled, the defendant has this objection that the court has put him to a great expense,.in going through a cause where he had brought it to a point which ought to have decided it in his favour. In the same case, if the remedy is at law, he has only to complain that he has been put to the expense & trouble of putting in a longer answer.