Tory

practice. When the action sounds in damages, and the issue is an issue in law, or when any issue in fact not tried by a jury is decided in favour of the plaintiff, then the judgment is that the plaintiff ought to recover his damages, without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory. ‘To ascertain such damages it is the practice to issue a writ of inquiry. Steph. Pl. 127; when the action is founded en a promissory note, bond, or other writing, or any other contract by which the amount due may be readily computed, the practice is, in some courts, to refer it to the prothonotary or clerk to assess the damages. There is one species of interlocutory judgment which establishes nothing but the inadequacy of the defence sect up; this is the judgment for the plaintiff on demurrer to a plea in abatement, by which it appears that the defendant has mistaken the law on a point which does not affect the merits of his case; and it being but reasonathat he do answer over, in technical language, judgment of respondeat ouster. (q. v.) Steph. Plead. 126; Bac. Ab. Pleas, N 4; 2 Arch. Pr. 3. JUDGMENT OF NIL CAPI-