ASSESSMENT OF DAMAGES
Legal Dictionary -> ASSESSMENT OF DAMAGESSearch:
ASSESSMENT OF DAMAGESASSESSMENT OF DAMAGES. After an interlocutory judgment has been obtained,
the damages must be, ascertained; the act of thus fixing the amount ofdamages is called the assessment of damages. 2. In cases sounding in damages, (q.v.) that is,
when the object ofthe action is to recover damages only, and not brought for the specificrecovery of lands, goods, or sums of money, the usual course is to issue awrit of
inquiry, (q.v.) and, by virtue of such writ, the sheriff, aided bytwelve lawful men, ascertains the amount of damages, and makes return to thecourt of the inquisition, which,
unless set aside, fixes the damages, and afinal 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 beeasily computed, it is the practice, in some courts, to refer to the clerkor prothonotary the assessment of damages,. and in such case
no writ ofinquiry is issued. 3 Bouv. Inst. n. 8300.
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