such judgment with a release of errors as aforesaid, by the time aforesaid, it is further ordered that the said injunction be dissolved without further motion. Otway v. Todd, L. C. 10th June, 1748. Reg. Lib. B. 1747. fol. 374.

For like order (semble after judgment obtained by defendant). See Hand's Pract. 48.

For writ of injunction to stay execution till hearing. See Harr. 557.

For writ of injunction in the Exchequer, to stay proceedings till hearing. See 1 Fowl. 264.

NOTES.

(1) As to the terms usually imposed upon the plaintiff for continuing the injunction. See Gilb. For. Rom. 196.

(2) The release of errors extends to error in the award of execution on a scire facias to revive the judgment. Marquis of Powis v.

(3) A clause is generally added to the order that the plaintiff shall speed the cause. Gilb. For. Rom. 196.

No. VII.

ORDER TO DISSOLVE INJUNCTION MADE ABSOLUTE, NO CAUSE BEING SHEWN.

Whereas by an order of the 13th day of October instant, it was ordered, that the injunction &c. should be dissolved, unless &c. Now upon motion this day made unto this Court, by Mr. B. being of the defendant's counsel, it was alleged that due notice has been given of the said order to the plaintiff's clerk in court, as by affidavit appears, and that no cause is shewn to the contrary thereof, as by the Registrar's certificate also appears. It was therefore prayed that the said order may be made absolute, which is ordered accordingly. `Quarme v. Wragg, L. C. 22d October 1747. Reg. Lib. B. 1747. fol. 58.

No. VIII.

ORDER FOR DISSOLVING INJUNCTION ON MERITS.

Whereas by an order made the 14th day of July last, for the reasons therein contained it was ordered that the injunction &c. should be dissolved, unless &c. Now upon opening of the matter this present day unto the Right Honourable &c. by Mr. W. being of counsel with the plaintiff, who came to shew cause against the said order, and moved, and offered divers reasons for discharge thereof, and for continuance of the said injunction. Whereupon, and upon hearing of Mr. B. being of counsel with the defendants, and what was alleged on both sides, this Court disallowed the cause now shewn, and doth therefore order that the said injunction be dissolved. Walker v. Wilkinson, L. C. 3d August, 1748. Reg. Lib. B. 1747. fol. 412.

For like order. See Hand's Pract. 45. Equity Draftsman, 618. For order for continuing injunction as to part of the matters mentioned in the bill, and dissolving it as to the rest. See Hand's Pract. 47.

No. IX.

ORDER FOR DISSOLVING INJUNCTION IN DEFAULT OF REVIVING.

Upon opening of the matter this present day unto this Court by Mr. E. being of counsel for Thomas Morris and Ann his wife, it was alleged that the plaintiffs having exhibited their bill in this Court, among other things, for an injunction to stay the defendant from proceeding at law for the recovery of the possession of the premises in question in this cause, and &c. and the defendant not putting in her answer in time, the plaintiffs obtained the common injunction; since which the defendant is dead, and administration with the will annexed of the said Jane Fisher, hath been since granted to Ann, the wife of the said Thomas Morris; that the suit being abated, and the plaintiff's neglecting to procure this suit to be

revived, the said A. M. is prevented from proceeding at law for recovery of the possession of the said premises. And therefore it was prayed that the plaintiffs may procure this cause to be revived in a month, and in default thereof, that the said injunction may be absolutely dissolved without further motion; which, upon reading an affidavit of notice of this motion, is ordered accordingly, of which notice is forthwith to be given. Osburston v. Fisher, M. R. 12th November, 1747, Reg. Lib. B. 1747. fol. 18.

For like order. See Equity Draftsman, 614.

No. X.

DIRECTION IN DECREE FOR CONTINUING IN

JUNCTION.

: And it is further ordered that the injunction formerly granted in this cause for stay of the defendant's proceedings at law, be in the mean time continued; and the defendant's judgment is to stand as a security for payment of what, if anything, shall appear to be coming to him on the balance of the said account. Old v. Old, M. R. 11th July, 1748. Reg. Lib. B. 1747. fol. 459.

NOTE.

Where an injunction has been obtained before the hearing, it will be supported by the decree, unless expressly continued by it.

v. Old, supra.

Old

So in the case of a receiver. See Decrees and Orders respecting Receivers, No. X. post.

No. XI.

DECREE FOR PERPETUAL INJUNCTION AFTER VERDICT.

[The bill was on behalf of the proprietors of lands within the chapelry, who claimed the right to present. The defendant Benison was the vicar, who also claimed the right, and nominated the defendant

Hodgson, and on his resignation, the defendant Petty, who had been licensed by the bishop. On the original hearing an issue was directed to try the right.]

His Lordship doth declare that the customary right of electing or nominating a curate or chaplain to the chapel of Preston Patrick, within the parish of Burton in Kendal, in the county of Westmoreland, ought to be established according to the said verdict, and doth order and decree the same accordingly, And His Lordship doth declare further, that the Bishop of Chester ought to license such clerk as hath been or shall be nominated, according to the right found by the said verdict, unless some legal objection shall appear to the Bishop against the qualification of such person to be licensed. And doth order that a perpetual injunction be granted against the defendants Benison and Hodgson to stay their proceedings at law in the actions of prohibition and replevin. And that a perpetual injunction be granted against the defendant Petty to restrain him from disturbing any person who hath been or shall be nominated curate or chaplain of the said chapel, pursuant to the right hereby declared and established in the possession or enjoyment of the said chapel, or officiating there. And it is further ordered, that the defendant Benison do pay unto the plaintiffs their costs at law, to be taxed by the said Master; and that the plaintiffs do pay unto the defendant the Bishop of Chester his costs of this suit, to be taxed by the said Master; but as between the plaintiffs and the other defendants, no costs are to be paid on either side in this Court. Hodgson v. Benison, L. C. 31st January, 1747. Reg. Lib. A. 1746. fol. 310.

For decree for quieting possession after verdict, and account of mesne profits. See Edwin v. Morris, L. C. 25th January, 1747. Reg. Lib. A. 1746. fol. 217.

For writ for perpetual injunction after decree against proceeding on agreement respecting tithes. See 1 Fowl. 285.

For writ for perpetual injunction after decree pro confesso against proceeding at law. See 1 Fowl. 290.

No. XII.

ORDER FOR SPECIAL INJUNCTION AGAINST CREDITOR TO RESTRAIN PROCEEDINGS AT LAW AFTER DECREE. (1)

The Court doth order that the defendants Philip Corrall and James Denton do pay unto the said George Syder the costs of the action brought by him against the defendants, as executors of John Mingay, deceased, in His Majesty's Court of K. B. up to the time the said George Syder had notice of the decree in this cause (2) to be taxed by the said Master C. And it is ordered that an injunction be awarded to restrain the said George Syder from further proceeding in the said action. (3) And it is ordered that the said George Syder be at liberty to go before the said Master and prove the debt, for recovery whereof the said action is brought under the decree in this cause. Fenton v. Corrall, V. C. 21st February, 1815. Reg. Lib. A. 1814. fol. 545.

NOTES.

(1) Of Decrees as compared with Judgments.

At law an action cannot be maintained upon a decree, unless for a demand upon which an action might have been brought. Carpenter v. Thornton, 3 B. & A. 52. And see Henley v. Soper, 8 B. & C. 16. So a decree cannot be pleaded or given in evidence at law. See Stasby v. Powell, Freem. 333. Darston v. Earl of Orford, 3 P. W. 401. note. S. C. Prec. in Ch. 188. Paxton v. Douglass, 8 Ves. 520. But in equity a decree is equal to a judgment.

Hence, after a decree for the administration of assets, a creditor will be restrained from proceeding at law. Fenton v. Corrall, supra. Morrice v. Bank of England, Ca. Temp. Talb. 217. S. C. 3 P. W. 401. note. 4 Bro. P. C. 287. 3 Swan. 573. Paxton v. Douglass, Largan v. Bowen,

supra. And see Perry v. Phelips, 10 Ves. 40. 1 Sch. & Lefr. 299. and cases referred to in Bligh v. Earl of Darnley, 2 P. W. 621. note. Robinson v. Tonge, 3 P. W. 401. note. Jackson v. Leaf, 1 J. & W. 232. note. Drewry v. Thacker, 3 Swan.

542. note.