Writ of Inquiry.
It was assigned for Error, That a Writ of Enquiry of Damages was awarded, and no day given to any of the Parties to be there at the time of the Retorn;* 1.1 for the Entry ought to be, Ideo dies datus partibus praedictis, or at least to the Plaintiff, that so he might then pray his Judgment, sed non allocat', for the Defendant is not to have day, and the Plaintiff is to attend at his Peril; and so is the Course of the Common Pleas, aliter in the King's Bench, Cro. El. p. 144. Mathew and Hassel.
E. in Ejectione Firme had Judgment by Default against the Defendant; whereupon a Writ of Enquiry issues out to enquire of the Damages, and before the Retorn thereof the Defendant brought a Writ of Error, the Question was, Whether the Writ of Er∣ror were well brought, in regard the Course of the Common Pleas is not to make up the Judgment, until the Writ of Enquiry be re∣torned. Rolls said, A Writ of Error may be