John Marshall

“ Although the absolute right given to the defendant to appear and set aside the judgment rendered in the office, is limited to 'the succeeding Court,' he has always been allowed to appear, and set it aside, at any time before it became final. In all actions which sound in damages, the judgment cannot become final, until the damages shall be ascertained for which it is to be rendered. ”

“ Were it necessary to pursue this argument further, we should all be of opinion, that judgment could not be rendered against the appearance bail on this award, and without executing the writ of inquiry, unless by his consent. But as we are of opinion, that the appearance of the defendant has discharged his bail, it is unnecessary to pursue the subject father. The judgment against Samuel Bartle is erroneous, and as it is joint, it must be reversed against both. ”

“ After this writ of inquiry shall be executed, and not till then, a final judgment for the damages assessed by the jury is rendered by the Court. In the mean time, the cause stands on the Court docket for trial. ”