Writ of inquiry

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.

writ of certiorari
Writ of conspiracy
Writ of consultation
Writ of covenants
Writ of debt
Writ of deceit
writ of detinue
Writ of dower
Writ of ejectment
writ of election
Writ of entry
writ of error
writ of execution
Writ of exigi facias
Writ of formedon
writ of habeas corpus
-- Writ of inquiry --
Writ of mainprize
writ of mandamus
Writ of mesne
Writ of possession
Writ of praecipe
Writ of prevention
Writ of privilege
Writ of process
Writ of proclamation
writ of prohibition
Writ of protection
Writ of quare impedit
Writ of rationabili parte bonorum
Writ of recaption
Writ of replevin
Writ of restitution
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