
    Parker & Parker vs. Wakeman.
    1843. November 24.
    Where the defendant in a creditor’s suit, after the service of the ordinary injunction upon him, proceeds to judgment in a suit which he had previously commenced against a third party, it is not such a breach of the injunction as will authorize the complainant to proceed against him for a contempt.
    This was an application for an attachment against the defendant for the breach of an injunction. The suit was upon a creditor’s bill, and after the service of the ordinary injunction in such suit, the defendant proceeded to a hearing before referees, in a suit which he had previously commenced against a third person, and obtained a report and entered judgment thereon.
    
      J. Rhoades, for the complainants.
    
      M. T. Reynolds, for the defendant.
   The Chancellor

denied the application, upon the ground that the act complained of was not such a breach of the injunction as would authorize the complainants to proceed against the defendant for a contempt. He said it could not possibly injure them in the collection of their debt, and was apparently for their benefit; and that it was not an inter-meddling with the defendant’s property within the spirit and intent of the injunction.  