case stone against tuffin Dec where bail be put in above a injunction to stay  proceed against the principal extend to proceed against the bail where bail be  only put in below such a injunction extend to proceed on the bailbond lib Reg  b foe a at Lincoln inn hall on the d seal after Michaelmas term defendant  bring a action against plaintiff and bail be put in below and afterward  plaintiff file a bill in chancery against the defendant and obtain a  injunction to stay proceed at law till answer the defendant take a assignment  of the bailbond and be proceed upon it against plaintiff bail and now Mr  Waller move for a injunction to stay proceed on the bailbond Lord Hardwicke c  take a distinction that where bail be put in above a injunction to stay  proceed against the principal extend to proceed against the bail because you  can in case of bail above proceed against the bail till you have against the  principal but the case be otherwise where bail be only put in below for there  the plaintiff have his election to proceed on the bail bind Mr Waller say  there be as much equity in the one case as in the other and nobody oppose the  motion his lordship after some deliberation grant the injunction till answer  or further order it be now clear settle that if a injunction be obtain by a  defendant at law who have give bail a proceed against the bail be a breach if  the injunction chaplin v Cooper v b see Leonard v Attwell Ves and Bullen v  ovey Ves the entry in l r be as follow it be allege on the part of the  plaintiff that the defendant be serve with process to appear and answer the  plaintiff bill have appear accord but for delay have crave a commission to  answer in the country and yet in the mean time prosecute the plaintiff at law  for and touch the matter in the plaintiff bill complain of and have obtain a  assignment of the bailbond enter into by the plaintiff to the sheriff be  proceed at law thereon against the plaintiff bail and it be therefore pray  that a injunction may be award to stay the defendant from proceed at law  against the plaintiff in this cause and that the same may extend to stay the  defendant from proceed at law against the plaintiff bail upon the say bind the  defendant have crave a dedimus to put in his answer whereon and on affidavit  of notice it be order that a injunction be award to stay the defendant from  proceed at law against the plaintiff for and touch any of the matter in  question until defendant shall have full answer the say bill and this court  take order to the contrary but defendant be in the mean time to be at liberty  to call for a plea and proceed to trial thereon and for want of a plea to  enter up judgement but execution be hereby stay and it be further order that  defendant be also restrain from proceed at law to take out execution against  the plaintiff say bail until he shall have full answer the say bill and this  court take order to the contrary