Koy against Clough

Koy against Clough. If an attorney from sudden indisposition, cannot attend the execution of a writ of inquiry, the court will, on terms, set it aside, especially if the damages be excessive. The attorney in this cause, from a sudden and dangerous illness, (see Jackson v. Brown, vol. 1, 152. S. P. as to trial at circuit,) was unable to attend tbe execution of tbe writ of inquiry, in consequence of which tbe plaintiff’s attorney was requested to postpone the execution of it, but he refusing to do this, went on and executed the writ, upon which pretty smart damages were given. Application was now made to set aside the inquisition. [MAJORITY — Per Curiam.] Per Curiam. The inability of the defendant’s attorney to attend the execution of the writ, and the defendant himself having no notice of the day, are reasons for setting aside the inquisition, especially as the damages are rather excessive. But as tbe defendant’s default is, in some degree, a confession of the plaintiff’s right, the rule can be only on tbe defendant’s consenting that the judgment on the inquisition shall be entered as of this term. Motion granted.