New York Supreme Court April 15, 1859 (Dillaye v. Hart)

Clerke, J.

The writ of inquiry is superseded by the Code of Procedure, which directs, where the action does not arise upon contract for the recovery of money only, and the defendant fails to answer, that the court, upon application for judgment, if damages *395for any tort are sought to be recovered, may order them to be assessed by a jury.