WRIT OF INQUIRY. In cases where a plaudit seeks to recover a specific chattel (as in the action of Detinue), or a specific sum of money (as in Debt), if the de fendant allows judgment to go against him by default, this is considered as an admission that the plaintiff is entitled to what he claims ; and the judgment there fore is final in the first instance, provided the plaintiff is content to take a small nominal sum for the damages resulting from the detention of the chattel or the debt. But where a plaintiff only seeks to obtain damages for an injury done to his person or his real or personal estate, or for the non-performance of a promise, if the defendant lets judgment go by de fault, this, though an admission that the plaintiff has a cause of action, does not operate as an admission of the amount of damages to which he is entitled ; and such judgment is called interlocu tory. In such cases, and also where the plaintiff seeks to recover substantial damages for the detention of a chattel, or of a debt, the intervention of a jury is re quired in order to ascertain for what da mages the plaintiff is entitled to have final judgment. For this purpose, a judi
cial process, called a writ of inquiry, issues to the sheriff commanding him to summon a jury to inquire what damages the plaintiff has sustained. If the plain tiff offer no evidence before the jury, a verdict must be found for nominal da mages, as existence of some damage is admitted.
When the inquisition (or finding of the jury) is returned, the plaintiff is enti tled to judgment for that amount. In some cases where the amount of damages is readily ascertainable, as being a mere matter of calculation, such as in actions upon bills of exchange, upon covenants for the payment of a certain sum, and the like, the court, instead of directing a writ of inquiry, will refer the matter to one of its officers to compute the amount of principal and interest due to the plain tiff, for writs of inquiry are merely to inform the court, who may assess the damages themselves, if they think pro per, after interlocutory judgment has been obtained.