ASSESSMENT OF DAMAGE
(bouvier) | ASSESSMENT OF DAMAGES. After an interlocutory judgment has been obtained,
the damages must be, ascertained; the act of thus fixing the amount of
damages is called the assessment of damages.
2. In cases sounding in damages, (q.v.) that is, when the object of
the action is to recover damages only, and not brought for the specific
recovery of lands, goods, or sums of money, the usual course is to issue a
writ of inquiry, (q.v.) and, by virtue of such writ, the sheriff, aided by
twelve lawful men, ascertains the amount of damages, and makes return to the
court of the inquisition, which, unless set aside, fixes the damages, and a
final judgment follows.
3. When, on the contrary, the action is founded on a promissory note,
bond, or other contract in writing, by which the amount of money due may be
easily computed, it is the practice, in some courts, to refer to the clerk
or prothonotary the assessment of damages,. and in such case no writ of
inquiry is issued. 3 Bouv. Inst. n. 8300.
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