
    *Gibbs v. Perkinson.
    September Term, 1808.
    Appeal Depending at Law — Suit in Equity in Regard to Same Matter — Election.—A person having a suit at law depending on an appeal, and bringing a bill for relief as to the same subject matter, will be compelled to make an election in which Court he will proceed.
    The defendant had obtained a verdict and judgment, at law, against the plaintiff, for some negroes; from which she appealed to the Court of Appeals; and, nevertheless, brought this bill for relief concerning the same negroes; and the only question was, whether the defendant could put the plaintiff to her election, as to which Court she should proceed in.
   By the Chancellor.

The law has been very carefully examined, and there can be no doubt but that the plaintiff must make her election ; and so it was ordered.  