Writ of inquiry

Defined in 5 dictionaries — Case Law, Ballentine's (1916), Bouvier (1914), Black's (1910), Bouvier (1839)

Definitions from Case Law

From 11 U.S. 208 - Sheehy v. Mandeville · 1812Most cited · 7 citing opinions

The Court is also of opinion that the production of the note, on executing the writ of enquiry, was necessary. The default dispenses with the proof of the note, but not with its production.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A writ issued after a defendants default directing the sheriff to inquire by a jury of 12 men into the amount of the damages and make return. See 57 Conn. 583, 19 Atl. 334.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

See Inquisition; Inquest.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In common-law practice. A writ which issues after the plaintiff in an action has obtained a judgment by default, on an unliquidated claim, directing the sheriff, with the aid of a jury, to inquire into the amount of the plaintiff's demand and assess his damages. Lennon v. Rawitzer, 57 Conn. 583, 19 Atl. 334; Havens v. Hartford & N. R. Co., 28 Co.nn. 70.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

practice. When an action sounding in damages, (q- v.) as covenant, trespass, and the like, and on such action is rendered an interlocutory judgment, which is that the plaintiff ought to recover his damages, without specifying the amount, for it is not yet ascertained. The court does not in general undertake the office of assessing the damages but issues a writ of inquiry, which is a writ directed ings to have’ occurred, commanding him to inquire into the amount of damages sustained “ by the oath or affirmation of twelve good and lawful men of his county,” and to return such inquisition, when made, to the court. The finding of the sheriff and jury under such a de called an inquisition, (q.v-) prove Vide Steph. Pl. 126; Grah. Pr. 639; 2 Archb. Pr. 19; Tidd’s Pr. 513; Yelv. 152, n.; 18 Engl. Com. L. Rep. 181, n., 189, n.; 1 Marsh. R. 129; 1 Sell. Pr. 346; Watson on Sher. 221; 2 Saund. 107, n. 2.