THE CHANCELLOR'S CASE.—1 BLAND. 557
*is an attachment upon the action at common law; and as .
its inseparable ally, follows its fortunes, and must submit 594
to its fate. Durall v. Waters, ante, 509. The restriction of this
kind of injunction, in its commencement, must, from its nature,
be co extensive with the pretensions of the plaintiff as made in
his bill iu equity and action at common law. But if, in that action,
the plaintiff fails to recover entirely according to his pretensions,
the injunction can be perpetuated to the extent of his recovery
only and no further; and upon the same principle, if the plaintiff
fails in his action at law altogether, the injunction must be totally
dissolved.
In this case it does not distinctly appear, by the proceedings,
how far the plaintiff has failed in sustaining his pretensions at law.
The defendant by his answer, which is to be taken for true in this
mode of submitting the case on bill and answer, avers that the
judgment at law does not ascertain the plaintiff \s pretensions to
be as extensive a,s in his bill it would appear he supposes. Hence
although it must be taken for true, that there is some difference
between the extent of the plaintiff's pretensions, which he asked
to have protected by an injunction, and his actual recovery, yet
that difference is in no manner designated by this vague allegation
of the defendant, or by any thing to be found in the proceedings.
If the unequivocal extent of the future operation of this injunction
be of the importance the parties now seem to consider it, the exact
extent of the plaintiff's pretensions, as established by his judg-
ment at law, should have been clearly and distinctly shewn to this
Court to enable it to limit the injunction accordingly. But a judg-
ment in the general terms that this appears to be, must, without
some equally authentic evidence to the contrary, to be taken as suffi-
ciently shewing, that the injunction should continue to operate to
the full extent of its original scope.
Whereupon it is decreed, that the injunction heretofore granted
in this case be and the same is hereby made perpetual; and that
the said defendant pay unto the said plaintiff the costs of this suit
to be taxed by the register.
*THE CHANCELLOR'S CASE. 595
CONSTITUTIONAL LAW.—SALARY OF THE CHANCELLOR.
The circumstances and causes which led to the adoption of the thirtieth
Article of the Declaration of Rights relative to judicial independency.
The manner in which the several provisions of that article were intro-
duced and established.
A salary once given to, or which has become legally vested in a Chancellor
or Judge cannot, during the continuance of his commission, be in any-
way constitutionally withheld or diminished.
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