interlocutory judgment

[Tureng-Çağla]

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[Mehmet Hascan]

ARA KARAR - Duruşma sırasında ortaya çıkan maddi sorunlarla ilgili anlaşmazlıkları çözümleyen ve davayı bir sonuca bağlamayan karar.

AN INTERLOCUTORY JUDGMENT is one given in the course of a cause, before final judgment. When the action sounds in damages and the issue is an issue in law or when any issue in fact not tried by a jury is decided in favor of the plaintiff, then the judgment is that the plaintiff ought to recover his damages without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory.
To ascertain such damages it is the practice to issue a writ of inquiry. When the action is founded on a [COLOR=blue! important][COLOR=blue! important]promissory [COLOR=blue! important]note[/color][/color][/color], bond or other writing or any other contract by which the amount due may be readily computed, the practice is, in some courts, to refer it to the prothonotary or clerk to assess the damages.
There is one species of interlocutory judgment which establishes nothing but the inadequacy of the defence set up this is the judgment for the plaintiff on demurrer to a plea in abatement, by which it appears that the defendant has mistaken the law on a point which does not affect the merits of his case; and it being but reasonable that he should offer, if he can, a further defence, that judgment is that he do answer over, in technical language, judgment of respondeat ouster.