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INTERLOCUTOR

Volume 9 · 276 words · 1797 Edition

in Scots law. The sentence or judgment of a court of law, is commonly called an interlocutor before decree is extracted.

INTERLOCUTORY decree, in English law. In a suit in equity, if any matter of fact be strongly controverted, the fact is usually directed to be tried at the bar of the court of king's bench, or at the assizes, upon a feigned issue. If a question of mere law arises in the course of a cause, it is the practice of the court of chancery to refer it to the opinion of the judges of the court of king's bench, upon a case stated for that purpose. In such cases, interlocutory decrees or orders are made.

INTERLOCUTORY Judgments are such as are given in the middle of a cause, upon some plea, proceeding on default, which is only intermediate, and does not finally determine or complete the suit. But the interlocutory judgments most usually spoken of, are those incomplete judgments, whereby the right of the plaintiff is established, but the quantum of damages sustained by him is not ascertained, which is the province of a jury. In such a case a writ of inquiry issues to the sheriff, who summons a jury, enquires of the damages, and returns to the court the inquisition so taken, whereupon the plaintiff's attorney taxes costs, and signs final judgment.

INTERLOCUTORY Order, that which decides not the cause, but only settles some intervening matter relating to the cause. As, where an order is made in chancery, for the plaintiff to have an injunction, to quit possession till the hearing of the cause; this order, not being final, is called interlocutory.