Search Result for "writ of inquiry":

The Collaborative International Dictionary of English v.0.48:

Inquiry \In*quir"y\, n.; pl. Inquiries. [See Inquire.] [Written also enquiry.] 1. The act of inquiring; a seeking for information by asking questions; interrogation; a question or questioning. [1913 Webster] He could no path nor track of foot descry, Nor by inquiry learn, nor guess by aim. --Spenser. [1913 Webster] The men which were sent from Cornelius had made inquiry for Simon's house, and stood before the gate. --Acts x. 17. [1913 Webster] 2. Search for truth, information, or knowledge; examination into facts or principles; research; investigation; as, physical inquiries. [1913 Webster] All that is wanting to the perfection of this art will undoubtedly be found, if able men . . . will make inquiry into it. --Dryden. [1913 Webster] Court of inquiry. See under Court. Writ of inquiry, a writ issued in certain actions at law, where the defendant has suffered judgment to pass against him by default, in order to ascertain and assess the plaintiff's damages, where they can not readily be ascertained by mere calculation. --Burrill. Syn: Interrogation; interrogatory; question; query; scrutiny; investigation; research; examination. [1913 Webster]
Bouvier's Law Dictionary, Revised 6th Ed (1856):

WRIT OF INQUIRY, practice. When in an action sounding in damages, (q.v.) 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 occurred, 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. 2. The finding of the sheriff and jury under such a proceeding is called an inquisition. (q.v.) 3. 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. 2 John. R. 107. 4. When executed before the sheriff, he acts ministerially, and not judicially, and therefore, it may be executed before a deputy of the sheriff. 2 John R. 63. Vide Steph. Pl. 126; Grah. Pr. 639; 2 Archb. Pr. 19; Tidd's Pr. 513; Yelv. 152, n.; 18 Eng. Com. Law Rep. 181, n., 189, n.; 1 Marsh. R. 129; l Sell. Pr. 346; Watson on Sher. 221; 2 Saund. 107, n. 2.