Inquest
Defined in 5 dictionaries — Ballentine's (1916), Black's (1910), Kinney (1893), Anderson (1889), Stimson (1881)
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
1. A body of men appointed by law to inquire into certain matters. The grand jury is sometimes called the "grand inquest."
2. The judicial inquiry made by a jury summoned for the purpose is called an "inquest." The finding of such men. upon an investigation, is also called an "inquest" Pcople v. Coombs, 36 App. Div. 284, 55 N. Y. Supp. 276; Davis v. Bibb County, 116 Ga. 23, 42 S. E. 408.
3. The inquiry by a coroner, termed a "coroner's inquest," into the manner of the death of any one Who has been slain or has died suddenly or in prison.
4. This name is also given to a species of proceeding under the New York practice, allowable where the defendant in a civil action has not filed an affidavit of merits nor verified his answer. In such case the issue may be taken up, out of its regular order, on plaintiff's motion, and tried without the admission of any affirmative defense. An inquest is a trial of an issue of fact where the plaintiff alone introduces testimony. The defendant is entitled to appear at the taking of the inquest, and to cross-examine the plaintiff's witnesses; and, if he do appear, the inquest must be taken before a jury, unless a jury be expressly waived by him. Haines v. Davis, 6 How. Prae. (N. Y.) 118.
— Coroner's inquest. See CORONER.
— Inquest of lnnacy. See Lunacy.
— Inquest of office. In English practice. An inquiry made made by the king's (or queen's) officer, his sheriff, coroner or escheator, virtute officii or by writ sent to them for that purpose or by commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels; as to inquire whether the king's tenant for life died seised, whereby the reversion accrues to the king; whether A., who held immediately of the crown, died without heir, in which case the lands belong to the king by escheat; whether B. be attainted of treason, whereby his estate is forfeited to the crown; whether C., who has purchased land, be an alien, which is another cause of forfeiture, etc. 3 Bl. Comm. 258. These inquests of office were more frequent in practice during the continuance of the military tenures than at present; and were devised by law as an authentic means to give the king his right by solemn matter of record. Id. 258, 259; 4 Steph. Comm. 40, 41. Sometimes simply termed "office," as in the phrase "office found," (q. vt) See Atlantic & P. R. Co. v. Mingus, l65 tJ. S. 413, 17 Sup. Ct. 348, 41 In Eld. 770; Baker v. Shy, 9 Heisk. (Tenn.) 89.
A Law Dictionary and Glossary
George C. Kinney · 1893
Inqnsestio, /. I. A judicial inquiry, or examination; an inquiry into a matter, by a jury summoned for the purpose; a jury; the finding of a jury in a civil case, ex parte.
In English law. Inquest of office: an inquiry made by the king's officer, sheriff, coroner or escheator, virtute officii, or by writ sent to him for that purpose, or by commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels. Inquiry^ writ of. A judicial writ issued in certain actions, where a defendant has suffered judgment by default, for the purpose of ascer-
A Dictionary of Law
William C. Anderson · 1889
An inquiry by a jury, duly impaneled by the proper officer, into any cause, civil or criminal; also, such jury itself. Compare Inquikt, 2, 3. Coroner's inquest. An inquiry by a coroner, assisted by a jury, into the manner of death of one who has been killed, or died suddenly or in prison. See Coroner. Grand inquest. The grand jury, q. v. Inquest of lands; sheriffs inqviisition. In Pennsylvania, after a sherifiE has levied upon a debtor's realty, he summons a jury of at least six men who ascertain whether the rents and profits of the estate, beyond aU reprises, will be sufficient, within seven years, to satisfy the judgment and costs of suit. The right to the proceeding is frequently waived.' Inquest of ofllee. A method of redress- • ing an injury which the crown (state) receives from a subject. An inquiry made by a sheriff, coroner, escheator, or commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels; as, reversions accruing to the crown, escheats, forfeitures, whether one is a lunatic and what property he has, the fact of a wreck, of treasure-trove, etc. Also known as " ofl Bce found,"' q. v. nfQUIEY. A seeking: search, investigation. Compare Inquest. 1. When there are facts sufficient to put a man of ordinary caution upon inquiry, the means of knowing and knowledge itself are, in legal effect, the same thing. See further Knowledge, 1; Notice, 1. 2. In the oath of grand jurors " diligently inquire" means diligently inquire into the circumstances of the charges, the credibility of the witnesses, and, from the whole, judge whether the accused ought to be put upon trial.* 3. A writ by which the sheriff is directed to summon a jury to ascertain the damages due from a defendant against whom there has been an interlocutory judgment, entered either by default or by confession, the amount not being ascertainable by mere calculation.' 13 Bl. Com. 381, 172, H5, 108. 2 See 1 Bright. T. & H. Pr. §§ 1222-36. >3 Bl. Com. 258; 2 Kent, 10, 33. * Eespublica v. Shaffer, 1 Ball. *237 (1788). » See 3B1. Com. 398; Hanley u. Sutherland, 74 Me. 213
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Frederic Jesup Stimson · 1881
A judicial inquiry; especia Dy by a jury. The finding of a jury. Inquest of of a king's officer, coroner, or escheator, either sion, or virtiite officii, into a matter in which ested; the escheat of lands on attainder, etc. called of Bce found.