v line If you listen to the news, read the news, you'd think we were still in a recession. Well, we're not in a recession. We've had growth; people need to know that. They need to be more upbeat, more positive... -- Vice President Dan Quayle in October 91

PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

WRIT OF INQUIRY

When in an action sounding in damages, as covenant, trespass, and the like, an interlocutory judgment is rendered, which is, that the plaintiff ought to recover his damages, without specifying the amount, it not yet being 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 to the sheriff of the county where the facts are alleged by the pleadings to have occured, commanding him to inquire into the amount of damages sustained "by the oath or affirmation of twelve good or 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 proceeding is called an inquisition.

The court will, on application, order that a writ of inquiry shall be executed before a judge, where it appears that important questions of law will arise.

When executed before the sheriff, he acts ministerially, and not judicially, and therefore, it may be executed before a deputy of the sheriff.

--b--

Google+

SOME MAIN ROOMS

PREMIUM ROOMS

MISC BUSHWAH

Follow Us!



Our Most Popular Article:
Power of Attorney
Our Most Popular Page:
Free Legal Forms
Our Newest Article: Personal Finance Guide

line


line