Inquiry

WRIT OF, A writ sued out by a plaintiff in a case where the defendant has let the proceedings go by default, and an interlocutory judgment has been given for damages generally, where the damages do not admit of calculation. It issues to the sheriff of the county in which the venue is laid, and commands him to inquire, by a jury of twelve men, concerning the amount of damages. The sheriff thereupon tries the cause in his sheriff's court, and some amount must always be returned to the court. But the return of the inquest merely informs the court, which may, if it choose, in all cases assess damages, and thereupon give final judgment. 2 Archb. Prac. (Waterman Ed.) 952; 3 Sharswood, Bl. Comm. 398; 3 Chit. St. 495, 497. INQUISITiO (Lat.)

In old English law. An inquisition or inquest. Inquisitio post mortem, an inquisition after death. Ari inquest of ofl Bce held, during the continuance of the military tenures, upon the death of every one of the king's tenants, to inquire of what lands he died seised, who was his heir, and of what age, in order to entitle the king to his marriage, wardship, relief, primer seisin, or other advantages, as the circumstances of the case might turn out. 3 Bl. Comm. 258. Inquisitio patriae, the inquisition of the country; the ordinary jury, as distinguished from the grand assize. Bracton, fol. 15b.

WRIT OF. A writ^sued out by a plaintiff in a case where the defendant has let the proceedings go by default, and an interlocutory judgment has been given for damages generally, where the damages do not admit of calculation. It issues to the sheriff of the county in which the venue is laid, and commands him to inquire, by a jury of twelve men, concerning the amount of damages. The sheriff thereupon tries the cause in his sheriff’s court, and some amount must always be returned to the court. But the return of the Inquest merely Informs the court, which may, if it choose, in all cases assess damages and thereupon give final judgment. 2 Archb. Pr., Waterman ed. 952; 3 Bla. Com. 398; 3 Chitty, Stat. 495, 497.

The writ of inquiry is a judicial process addressed to the sheriff of the county in which the venue is laid, stating the former proceedings in the action, and, “because it is unknown what damages the plaintiff has sustained,” commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. This writ is necessary after an interlocutory judgment, the defendant having let judgment go by default, to ascertain the guantum of damages. Wharton.

'Writ of. v. Writ.

WRIT OF. Vide Writ of Inquiry.