Allen v. Wilcox

Opinion by

Judge Hargis:

The 8th section of Art. 1, Chap. 94, Gen. Stat. -is imperative. It declares that a writ of ad quod damnum shall be awarded “if desired by the proprietor, or if the court see cause for awarding the writ.”

“If the court see cause for awarding the writ” is equivalent to declaring that where any legal cause exists for ordering the writ it becomes the duty of the court to award it unless the state of case, contemplated by Section 6 of the same article, exists to authorize the court, without a writ of ad quod damnum, to assess the amount of damages. By that section the court…