| slovo | definícia |
Writ of inquiry
(gcide) | 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.
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2. Search for truth, information, or knowledge; examination
into facts or principles; research; investigation; as,
physical inquiries.
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All that is wanting to the perfection of this art
will undoubtedly be found, if able men . . . will
make inquiry into it. --Dryden.
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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] |
WRIT OF INQUIRY
(bouvier) | 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.
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| | podobné slovo | definícia |
WRIT OF INQUIRY
(bouvier) | 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.
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