atkins case anon the second seal before Michaelmas term it be no excuse for  proceed at law after a injunction be grant that it be not seal for where a  defendant or his attorney have be present on a order for a injunction and they  have proceed at law before it have be seal the court have consider it as a  contempt and commit the person for it a bill be bring to stay execution on a  judgement obtain at law and on service of the subpoena and for want of a  appearance the plaintiff have a injunction but it be not seal and in the  vacation the defendant take the plaintiff in execution and during the vacation  appear and put in his answer a motion be make that the defendant may stand  commit for the contempt of the court in proceed after a injunction have be  grant the defendant swear by his affidavit that he never be serve with the  subpoena nor be either the body or the label leave with he and insist beside  that the injunction be not seal when he take the plaintiff in execution Lord  chancellor order the affidavit of the officer who serve the subpoena to be  read who swear he serve the defendant with it by leave the label and show he  the body at the same time Lord chancellor this be not regular service because  where there be only one defendant you ought to leave the body of the subpoena  but where there be several you leave the label with the first defendant you  serve show they the body only and with the last you leave the body itself but  as the defendant have appear this in the common case will have cure the  irregularity of the service and the defendant can not have take advantage of  it now the same rule at law but as this be just before the long vacation when  the defendant choose rather to appear than be liable to a attachment therefore  he be at liberty still to insist upon not be serve at all or irregular serve  but as to the injunction not be seal that be no excuse for his proceed at law  after the injunction be grant because there have be instance here where a  defendant or his attorney only have be present upon a order for a injunction  and they have proceed at law before it have be seal that the court have  consider this as a contempt and commit the person for it vide skip v Harwood  atk Lord Hardwicke at first direct a inquiry before the master but as it be to  be confine mere to the contempt and the cost u on it to save the expense of a  inquiry he recommend it to the plaintiff if the defendant will agree to  discharge he out of execution to wave the motion and the party on his lordship  recommendation do agree accord