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Interlocutory
judgments or
judgments by
default.
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62. In all cases in any action on any promissory
note, bill, bond, or open account in which an
interlocutory judgment or judgment by default
has been, or shall hereafter be entered in any of
the courts of this State, whereby the right of the
plaintiff is established, but the damages sustained
by him are not ascertained, the Judge of the court
where such judgment is, shall, on motion of the
plaintiff, or of his attorney, and the production to
him of the promissory note, bill of exchange,
bond, or writing obligatory upon which the suit
was brought; or upon legal and satisfactory proof
of the correctness and amount of the claim where
the suit was brought, to recover a debt due upon
open account, assess the damages and order the judg-
ment to be extended for the amount so found to be
due, and interest on the same till paid, and costs
of suit. In all. other cases in which an interlocu-
tory judgment, or judgment by default has been,
or shall hereafter be entered, the Judge of the
court where such judgment is, shall on motion of
the plaintiff, or his attorney, make an order in the
nature of a writ of inquiry, to charge the jury in
attendance in such court, to inquire of the damages
and costs sustained by the plaintiff in such action,
which said inquiry shall be made and the evidence
given in open court, in the same manner, and
under the same regulations, as in other jury trials;
and after the said jury charged as aforesaid, shall
have considered thereof, they shall forthwith,
return their inquisition, under their hands and
seals, and the court shall order such judgment to
be extended, in accordance with the terms of such
finding of the jury.
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