writ of inquiry

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.
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            He could no path nor track of foot descry,
            Nor by inquiry learn, nor guess by aim. --Spenser.
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            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.
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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.